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NE.V  YOHK  (3TAT3)   COURT 
OF  CYilR  hITD  T/:;^^CIII2?^ 

Report  and  testimony  from  Grand 
Jury,  Oyer  and  Terminer,  Nov, -Dec, 
\'    6P^    concerning  election  irregularities. 


f  CaUfornia 

Regional 

Faci.Uty 


-'  '\  V  '• 


z^^tl 


REPORT  AND  TESTIMONY 


FROM  GRAND  JURY, 


Oyer  and  Terminer, 


Nov.— Dec,  1868, 


CONCERNING 


Election  Irregularities. 


PUBLISHED  PURSUANT  TO  THE  STATUTE  IN  SUCH 
CASE  MADE  AND  PROVIDED. 


PRINTED  BY  THK  NRW  YORK  TRINTING   COMPANY, 
81,  83,  AND  85  Centre  Strekt. 


18G9. 


-^^l^b^ 


COURT  OF  OYER  AND  TERMINER. 


Gkand-Juky  Room,  ) 

JSovember  17,  1S68.  \ 

Jicsolved,  That  the  Secretary  be  directed,  to  prepare  the 
evidence  given  before  this  Grand  Incpiest  relative  to  the 
allegations  of  frauds  at  the  late  elections,  and  also  the  e\i- 
dence  gi\en  relative  to  the  Citizens'  Association,  that  an 
embodiment  of  the  salient  points  therein  may  be  entered 
upon  the  book  of  mhiutes  for  future  reference  and  possi- 
bly publication. 


REPORT 


(tr AND- Jury  Room,  ] 

December  8, 1<SG8.  f 

111  compliaiu-e  M-ltli  the  resolution  of  the  Grand  Jury, 
adopted  on  tlie  17th  ult,,  the  Secretary  offered  the  follow- 
ing paper,  embodying  the  views  of  himself  and  associates, 
concerning  the  several  matters  political,  &c.,  presented 
during  their  sessions  for  consideration: 

The  Grand  -Tiiry  have  liad  nnder  consideration  the  varl- 
ons  matters  referred  to  b}'  a  prior  Grand  Jnry,  and  by  the 
Court  at  its  present  term,  in  relation  to  election  in-egnlari- 
ties ;  matters  affecting  the  Citizens'  Association  on  charges 
by  the  Citizens'  Association,  as  well  as  against  the  Citizens' 
Association,  and  alleged  newspaper  libels  ;  and  have  spent 
consideral)le  time  in  investigating  the  same. 

In  resjiect  to  election  irregnlarities,  the  Grand  Jnry  re- 
gret that  it  is  a  snbject  which  they  mnst  refer  to  another 
Grand  Jnry  to  take  np,  and  if  so  disposed,  complete.  To 
this  end  they  spread  npon  the  minutes  a  copy  of  the  testi- 
mony which  has  been  duly  taken  nnder  oath,  in  the  Grand- 
Jury  room,  which  may  be  used  for  future  guidance.  The 
Grand  Jury  considered  that  the  primary  cause  of  all  elec- 
tion frauds  proceeded  from  too  liberal  a  use  of  money  in 
political  campaigns.  When  single  individuals  subscribed 
so  much  as  twenty  thousand  dollars,  it  must  be  apparent 
that  the  amounts  raised  by  election  committees  are  very 
enormous.  Men  do  not  commit  frauds  of  any  kind,  gen- 
erally, without  pecuniary  motive.  Double  voting,  if  it 
exists,  procuring  duplicate,  ti'iplicate,  and  even  scores  of 
duplicated  copies  of  naturalization  papers,  to  be  sold  to  men 
bearing  the  same  name,  as  well  as  kindred  frauds,  may 


readily  find  their  source  in  pecuniary  equivalents,  for  the 
moneys  originally  subscribed  for  election  purposes  are  apt 
to  soon  pass  beyond  the  control  or  knowledge  of  the  sub- 
scribers ;  and,  although  made  with  the  best  intentions,  can 
be  easily  perverted  without  their  knowledge  or  conni- 
vance. The  Grand  Jury  regret  that  men  of  high  standing, 
like  Alexander  T.  Stewart,  should  make  technical  objec- 
tions to  answering  questions  involving  these  subjects,  or 
that  men  in  public,  political,  and  private  confidence,  like 
Edwin  D.  Morgan,  should  omit  to  personally  attend  before 
the  Grand  Jury  in  furtherance  of  these  investigations. 

The  Grand  Jury  requested  the  Superintendent  of  Police 
to  communicate  to  the  Grand  Jury  any  knowledge  of  elec- 
tion frauds  that  he  might  have  or  procure.  He  answered 
he  had  no  such  knowledge  beyond  the  arrests  made,  which 
were  declared  by  the  District  Attorney  to  be  no  greater 
in  number  than  was  usual  at  any  election  where  there 
were  a  mnltij)licity  of  local  candidates  striving  for  politi- 
cal mastery.  John  II.  White,  Esq.,  understood  to  be 
Chairman  of  a  Committee  privately  and  laudably  engaged 
in  procuring  testimony  about  election  frauds,  Vv'as  similarly 
requested  by  the  Grand  Jury.  The  only  evidence  of  prac- 
tical irregularities,  which  are  certainly  reprehensible, 
although  perhaps  not  indictable,  is  the  evidence  discovered 
in  the  testimony  of  Superintendent  Kennedy,  Commission- 
er Brennan,  Commissione]-  Bosworth,  and  George  W .  Hoff- 
man, a  hack-driver,  to  the  effect  that  the  oflicial  power  of 
the  Police  was  privately  and  secretly  lent  to  the  further- 
ance of  some  kind  of  objects  desired  by  a  partizan  Com- 
mittee. It  is  certainly  reprehensible  that  the  police  force 
of  the  City  of  New  York,  should  be  used  without  the  sanc- 
tion of  the  Board  of  Police  to  take  a  census  of  voters  in 
the  City  of  New  York  and  have  the  census  submitted  to 
the  manipulations  of  the  partizan  Committee  during  the 
progress  of  registration ;  or  that,  as  appears  by  the  testi- 
mony of  one  of  the  Inspectors  and  Can^-assers  of  election, 
the  Board  of  Police  should  have  the  power  to  more  or  less 
practically  control  elections,  by  appointing  and  removing 
at  M'ill  in  their  discretion,  from  time  to  time,  during   the 


progress  of  registration  and  election  officers,  intrusted  witli 
the  macliinery  of  the  elective  franchise. 

The  Grand  Jury  were  able  to  find  a  bill  against  an  in- 
spector for  substituting  ballots  of  his  own  selection  for 
ballots  of  an  elector's  selection,  during  the  progress  of  poll- 
ing, commonly  called  "ballot-box  stuffing."  Some  legis- 
lation would  seem  to  be  necessary  in  regard  to  the  selec- 
tion of  inspectors,  if  candidates  are  allowed,  as  ajDpears 
l>y  the  testimony  of  Theodore  Allen  they  were,  to  select 
through  a  partizan  Committee  in  connection  with  the 
Board  of  Police,  Inspectors  and  Canvassei's. 


*  * 


-X-  *  -K-  *  *  * 


*  -Sf  *  *  *  * 


[A  portion  of  the  Memorial  which  relates  to  the  Citi- 
zens'Association  is  here,  for  the  purposes  of  this  pamphlet, 
omitted.] 


6 


The  Grand  Jmy  are  of  opinion  that  the  M'holesale  alle- 
gations in  respect  to  frands  at  the  recent  election  are  man- 
ifestly nnfonnded.  Tliis  particnlarlj  appears  when  we  con- 
sider that  the  whole  police  force  of  the  city,  political  com- 
mittees, largely  interested  in  detecting  frands,  and  the  In. 
spectors,  Canvassers,  and  Poll-clei'ks  at  each  poll  being- 
zealous  and  careful  men,  were  eacli  and  all  exercising  the 
utmost  vigilance  in  respect  to  frauds,  and  yet  none  have 
been  brought  to  the  notice  of  the  Grand  Jury,  except  those 
which  ordinarily  arise  in  any  excited  political  contest,  and 
which  are  comparatively  trivial. 

It  will  appear  from  the  minutes  of  the  Grand  Jury  and 
the  testimony  taken,  that  the  Grand  Jury,  taking  notice  of 
the  popular  public  rumors  made  by  tlie  successful  partv 
at  the  recent  Presidential  election  against  their  opponents 
of  fraud,  deemed  it  advisable  to  investigate  whether  the 
parties  making  these  wholesale  charges  were  themselves 
capable  of  coming  into  Court  wn'tli  clean  hands.  With 
what  result,  tlie  testimony  itself  wdll  make  apparent. 

In  accordance  with  tlie  statute,  the  Grand  Jury  direct 
that  this  their  report,  which  of  course  is  only  advisory  and 
for  the  purpose  of  information,  together  with  the  testi- 
mony stenographically  taken,  and  all  together  forming  the 
minutes  of  the  Grand  Jury,  be  filed  with  tlie  District  At- 
torney, to  be  or  not  to  be  made  public,  as  in  tlie  discretion 
given  him  l)y  the  statute  he  may  elect. 

CHAKLES  II.  IIASWELL, 

Foi'eman. 

JOSEPH  II.  TOOKEP, 

Secretary. 


NovEJOBKR  13, 1868. 

JU>iob'td^  That  the  Grand  Jurv,  having  had  before  it 
jnany  complaints  for  illegal  voting,  and  illegal  registering 
by  individuals,  and  having  ordered  bills  on  some,  deem  it 
expedient  to  investigate  into  the  alleged  financial  induce- 
ments to  such  offences;  and,  being  informed  by  public 
rumor  and  by  some  of  the  members  present,  that  exces- 
sively large  sums  of  money  have  been  raised  in  this  County 
for  election  purposes,  one  individual  claiming  to  have  sub- 
scribed ^20,000,  and  another,  §40,000  for  such  purposes, 
order  the  District  Attorney  to  subpoena  such  witnesses  as 
he  may,  on  conference  with  this  body,  deem  advisable,  for 
Tuesday  morning,  the  13tli  inst. 

By  order  of  the  Grand  Jury,  the  papers  herewith  at- 
tached, relating  to  the  contumacy  of  Edwin  D.  Morgan,  a 
subpa'uaed  witness,  were  ordered  entered  on  the  minutes, 
November  17, 1868. 

SUBFCENA    FOK    A    W1T^'ESS    TO    ATTEXD    THE    GEAXD    Jl'KY   OF 
THE  COURT  OF  OYER  A>'D  TERMI>'ER. 

The  Peojyle  of  the  State  of  JS^ew  York  : 

To  Edwin  D.  Morgan,  corner  of  Thirly-seventh  street  and 

Eif  th  avenue  — Greeting  : 

We  command  you,  that,  all  business  and  excuses  ceas- 
ing, you  appear,  in  your  proper  person,  at  the  Grand- Jury 
room,  in  the  basement  of  the  Sessions  building,  adjoining 
the  Eotunda,  in  the  Park,  in  the  City  of  Xew  York,  on 
Friday,  the  13th  day  of  November,  instant,  at  the  hour  of 
eleven  in  the  forenoon  of  the  same  day,  to  testify  the 
truth,  and  give  evidence  before  the  Grand  Jmy,  touch- 
ing a  certain  complaint  then  and  there  pending  against 


Daniel  E,  Sickles,  for  frauds  against  the  elective  franchise, 
and  this  yon  are  not  to  omit,  nnder  the  penalty  of  two 
hundred  and  fifty  dollars. 

Witness,  the  Hon.  George  G.  Barnard,  Justice  of 
our  said  Court,  at  the  City  Hall,  in  our  said  city, 
the  first  Monday  of  November,  in  the  year  of 
our  Lord  1868. 

A.  OAKEY  HALL, 

District  Attorney. 


State  of  New  YorJc^  City  and  County  of  New  York,  ss  : 

John  White,  of  the  said  city,  Leing  duly  sworn,  deposes 
and  says :  That  on  Friday,  the  13th  day  of  November,  in- 
stant,  he  served  a  copy  of  the  annexed  subpoena  upon  Ed- 
win D.  Morgan,  at  liis  residence,  corner  of  Thirty-seventh 
street  and  Fiftli  avenue,  at  about  9.30  a.  m.,  by  delivering 
the  same  to  hina  in  person.     Further  deponent  saith  not. 

JOHN  WHITE. 

Sworn  to  before  me,  this  —  day  ] 
of  November,  1868.  f 

J,  Spakks,  Notary  Public. 


TESTIMONY. 


FraDAV,  NoveialKT  13,  18GS. 

Alexanukk  T.  Stkwakt,  swoni  and  cxaiuined,  testified 
as  follows : 

Foreman — 

Mr.  Stewart,  the  Court  specially  eailtMl  the  attention  of 
tliis  (Jrand  Jury  on  the  matter  (d"  election  frauds,  and 
the  District  Attorney  also,  and  under  their  direction 
they  have  sul)j)(enaed  several  parties,  and  re(piested  the 
jury  to  take  such  action  as  they  see  tit  on  a  certain  order. 
Did  you  suljseribe  any  moneys  to  or  collect  any  for  apolit- 
ical committee  in  the  City  of  New  York  during^he  recent 
election  canvass  ? 

Q.  Did  you  sul)scril)e  any  moneys  to  any  political  partv  ? 

A.  Yes,  sir. 

Q.  IIow  much  ? 

A.  I  should  be  pleased  to  ask  a  rpiestion,  if  I  am  per- 
mitted, of  the  jury.  I  anisubpoMuied  here  by  the  subpo'ua 
to  give  evidence  in  relation  to  frauds  committed  1)y  Daniel 
K.  Sickles.  I  would  be  }»leased  to  know  whether  the  Court 
or  Jury  have  a  right  to  g(j  into  any  matter  than  that  for 
which  I  have  been  subpcenaed.  I  have  nothing  to  conceal, 
and  am  willing  to  tell  you  everything  that  I  have  done  in 
every  way,  but  I  merely  ask  whether  legally  you  have  a 
right  to  go  beyond  that  for  which  I  have  been  subpoenaed 
here  this  morniuii;. 


10 


Foreman  : 

Q.  I  did  not  exactly  understand  your  reply.  Did  I  un- 
derstand that  you.  questioned  tlie  right  of  the  jury  ? 

xi.  I  have  nothing  to  conceal  as  to  anything  I  personally 
have  done,  either  with  Sickles  or  any  li\  ing  man  ;  but  I 
am  subpoenaed  here  to  give  evidence  in  relation  to  a  cer- 
tain matter.  Caw  you  by  an  easy  track  tra\el  beyond 
that?  I  want  the  jury  to  decide  that.  I  do  not  object  to 
giving  evidence,  but  I  merely  wish  the  question  put.  I 
hope  the  jury  understand  it. 

[The  witness  allowed  to  withdraw.] 

Marsuall  O.  lioBEKTS,  swom  and  examined  : 

Q.  Do  you  know  of  any  money  having  been  given  to 
Daniel  E.  Sickles  for  election  purposes  ? 

^1.  I  do  not. 

Q.  Did  you  subscribe  any  moneys  for  election  purposes 
at  the  late  canvass  ? 

A.  In  relation  to  Mr.  Sickles  ? 

Q.  No,  sir ;  generally  'i 

A.  Is  that  the  subject  for  which  I  am  subp(x'naed  here  ? 

Q.  Did  you  subscribe  any  money  to  any  political  com- 
mittee during  the  late  canvass  ? 

A.  I  liave  no  ol)jection  to  answer  it ;  but  as  a  nuxtter  of 
principle  I  decline. 

Q.  You  understand  that  Mr.  Sickles  is  charged  with 
expending  large  sums  of  money,  and  the  inference  is  rea- 
sonable that  some  one  must  ha\e  given  it  to  him  ? 

A.  I  have  never  given  him  any  money,  nor  anybody 
for  him  ;  he  never  received  any  money  of  mine  under  any 
circumstances,  at  any  time. 

Q.  Did  you  subscribe  any  moneys  for  the  last  election, 
and  if  so,  how  much  ? 

A.  I  do  not  recollect. 

Q.  Did  you  subscribe  any  for  fraudulent  purposes  ? 

A.  None  whatever — none  of  my  money  was  so  used. 

Q.  You  do  not  recollect  that  you  have  ever  subscribed 
auy  ? 


11 


A.  I  did  not  subscribe  any  ;  subscribing  is  putting  your 
name  on  paper. 
I     Q.  You  know  sending  a  check  is  giving  a  sul)scrIption  ? 

A.  I  made  no  memorandum  of  it. 

Q.  ITow  much  money  did  you  pay? 

A.  I  sliould  think  §500.  It  is  impossible  for  me  to  say 
now — I  don't  remember — probably  more. 

Q.  Did  you  subscribe  as  much  as  *>5jfiO()  ? 

A.  I  cannot  remember. 

Q.  Did  you  subscribe  as  much  as  $10,000  ? 

A.  I  do  not  recollect  that — I  nn'ght  perhaps. 

Q.  Did  you  subscribe  as  much  as  $2<>/)00? 

A.  I  do  not  recollect. 

Q.  If  yon  had  subscribed  more  than  $10,000,  and  less 
than  $20,000,  do  you  think  you  could  have  recollected  ? 

A.  Well,  I  should  think  pro1)ably  I  might;  I  have  a 
faint  idi'a  it  was  over  five  hundred  dollars. 

Q.  Do  you  swear  positively  that  it  was  less  tlian  five 
thousand  ( 

A.  Xo.     It  was  for  tickets  and  printing  bills. 

Q.  Did  they  present  you  any  of  those  bills? 

^I.  Some  of  them  were  sent  to  me.  I  suppose  I  shall  see 
the  bills  pretty  soon. 

Q.  Did  you  have  charge  of  the  printing? 

^1.  I  did  not;  T  tliiiik  it  i^^  very  unroa<on:ible  to  send 
tlie  bills  to  me. 

Q.  You  don't  know  Avliother  it  wa-^  less  t1ian  twenty 
thousand  dollars,  or  more  than  that? 

A.  I  have  not  looked  at  my  checkbook. 

Q.  Could  you,  by  examining  your  checks,  be  enabled 
to  inform  the  jury  at  the  future  day  i 

A.  No,  I  do  not  think  I  could  ;  I  may  have  made  en- 
tires;  it  is  impossible  really  to  tell  with  accuracy  how 
mncli  nioiu'v  1  did  s))end.  If  I  saw  a  poor  cripple  who 
wanted  means,  I  would  help  him.  I  was  at  the  head  of  the 
electoral  ticket,  and  people  run  to  my  side  and  front  doors 
after  money,  and  very  often,  to  get  rid  of  a  l>a<l-lookiug 
man,  I  i>:ave  him  mouev. 


12 


Q.  Ton  refer  to  your  contributions  to  C'liarital)le  pur- 
poses generall}'  ? 

A.  Yes,  sir. 

Q.  I  am  not  spealving  of  charitable  contributions  ;  I  am 
speaking  about  political  ? 

.  A.  I  never  gave  Sickles  a  cent  of  money,  and  be  has 
never  asked  me. 

Q.  Did  the  State  Central  Committee  assess  you  % 

A.  No,  sir,  never. 

Q.  Did  you  subscribe  to  the  Executive  Committee  of 
the  State  ? 

A.  No,  not  at  all. 

Q.  Did  you  send  the  Executive  Committee  of  the  State 
a  check  ? 

A.  I  did. 

Q.  Do  you  kno^v  the  amount  of  the  check  ? 

A.  My  impression  is — I  will  tell  you,  but  I  do  not 
think  you  have  a  right  to  ask — I  speiit  two  thousand 
dollars  for  printing  purposes.  The  first  moment  I  could 
not  tell,  but  my  mind  has  been  brought  to  the  subject. 
They  did  not  assess  me  ;  I  sent  them  two  thousand  dol- 
lars. 

Q.  For  what  purpose  did  you  suppose  this  two  tliousand 
dollars  would  be  spent  ? 

A,  For  printing  ;  I  thought  it  was  fair  and  right. 

Q.  Did  you  send  other  checks  ? 

A.  No,  sir. 

Q.  You  drew  no  other  checks  for  election  purposes  ? 

A.  I  do  not  recollect  that  I  did. 

Q.  All  tlie  money  you  subscril)ed  was  two  thousand 
dollars? 

A.  I  did  not  say  that.  I  recollect  one  single  instance  ; 
I  may  have  contributed  to  Wards  through  the  city ;  they 
used  to  come  to  me  from  the  Fii-st  and  Eighteenth 
Wards. 

Q.  Did  you  subscribe  to  an  organization  in  the 
Eighteenth  Ward  ? 

A.  I  do  ]iot  remember. 


13 


Q.  Did  you  suLscriljC  to  any  individuals  wlio  wcro  can- 
didates before  the  people  in  tliis  oonnty  ? 
A.  I  do  not  think  I  did. 


MATTnEw  T.  ]>KENNAN,  swoiMi  uud  oxaiiiincd  : 

Q.  Did  yon  ever  see  these  1)Ooks,  or  similar  hooks 
before  ^ 

A.  Never. 

Q.  Do  I  nnderstand  yon,  as  Police  Commissioner, you  are 
prepared  to  say  that  you  nevei-  saw  these  books  in  your 
office  ? 

A.  Never. 

Q.  Do  you  kno^\•  whether  the  Police  Connnissioners 
paid  for  those  l)Ooks — a  number  of  them? 

^•1.  Tlie  Police  Board  pays  for  a  considerable  innubcr 
of  l.)ooks,  but  none  ordered  for  that  purpose. 

Q.  You  do  not  recoii'nize  these  books  i' 

A.  No,  sir. 

Q.  Yon,  as  a  Police  Connnissioner,  as  one  of  the  Com- 
missioners, never  acted  with   your  associates  in   ordering 
these  books  ? 
*    A.  No,  sir. 

Q.  Are  those  books  similar  to  tlic  books  used  in  the 
Police  Department  ? 

A.  The  registry -books  that  we  ordei-ed  fi'om  the  stationei- 
are  of  larger  size  than  that. 

Q.  Yon,  of  your  own  knowledge,  do  not  know  that 
books  of  this  size  had  been  ordered,  and  no  apjilicatiou 
had  been  made  to  yon  l)y  stdxtrdinates:! 

.1.  T  understand  books  were  ordered  l>y  tlic  Supci'in- 
tendent,  that  1  would  not  pay  for,  used  for  jirivate  pur- 
poses. 

Q.  Has  the  Superintendent  authority  to  ordei'  t1ie  books  { 

A.  No,  sir;  they  always  do  it  on  a  requisition. 

Q.  No  rerpiisition  wa<  madi-  for  tliose  books  ^ 

A.  No,  sir. 

Q.  Were  those  boohs  or<lered  by  tlie  Su})erintendent  ^ 


14 

A.  I  do  not  know ;  I  nndcrstand  such  was  tlic  case ;  I 
never  saw  tliem  nntil  to-day. 

Q.  AVas  there  any  resolntion  passed  by  the  Board  of 
Connnissioners  of  Police,  designating  or  antliorizing,  or 
directing  the  Snperintendent  or  any  snb-otticer  of  the  Po- 
lice Department  to  take  a  registry  of  the  male  adnlt  popu- 
lation, over  the  age  of  20  years,  in  the  City  of  Ncav  York, 
at  any  time  since  the  first  day  of  July ''{ 

A.  No,  sir. 

Q.  Has  there  been  any  since  yon  were  a  member  of  the 
Board  ? 

A.  No,  sir. 

Q.  AVhen  were  you  appointed  ? 

A.  The  first  day  of  March.  T  know  there  was  no  such 
resolution  passed  ;  more  than  that,  ^ve  understood  the  Su- 
perintendent that  he  would  take  a  census  of  the  popula- 
tion, and  it  was  a  long  time  before  Ave  could  get  any  in- 
formation ;  on  that  account,  I  stated  if  they  used  any 
stationery  the  Police  Department  would  not. pay  for  it. 

Q.  Did  he  make  a  report  to  the  Commissioners  ? 

A.  lie  made  a  report  to  the  Connnissioners  tkrough  tlie 
clerk;  he  employed  men.  Judge  Bosworth  made  inrpiiry 
wliether  men  were  detailed  for  that  purpose;  there  was 
a  denial  of  it,  and  afterwards  we  found  out  tlint  some 
men  were  detailed  for  that  purpose. 

Q.  Do  I  understand  that  the  (/ommissioners  ordered 
the  Superintendent  to  take  a  census? 

A.  No,  sir  ;  there  is  four  in  the  connuission  ;  two  of  us 
did  not  know  anything  :d)ont  it  until  they  very  nearly 
concluded. 

Q.  You  say  he  made  a  report  to  the  Board  ? 

A.  A  week  or  ten  days  afterwards,  through  the  clei'k. 

Q.  What  other  memlier  of  tlu^  I'oard  was  ignorant  of 
the  matter,  except  yourself? 

A.  Judge  Bosworth  was  ignorant  of  it. 

Q.  The  other  two  Connnissioners  knew  it? 

A.  I  do  not  know. 

Q.  On  the  day  of  the  election,  parties  wlio  were  arrested 
were  taken  before  Judge  James,  at  the  Metropolitan  Hotel, 


15 

and  policemen,  when  asked  the  question  why  they  did  not 
take  the  }»risoners  before  tlie  Police  Magistrates,  stated 
that  it  was  in  consequence  oi'  orders  received  from  a  supe- 
i-i(»r  dIHcci'.  Did  the  Conmiissioners  pass  any  resolution 
directing  the  otticers  of  tlie  Police  Department  to  take 
|^)ersons  before  Judge  James,  and  not  before  Police  Magis- 
trates ? 

A.  ]\o,  sir;  the  Superintendent  did  that  on  liis  own 
authority;  it  was  no  authority,  in  tlie  minds  of  the  Com- 
missioners. 

Q.  Had  the  Superintendent  an\' autliority  to  [»i-oceed  in 
that  way? 

A.  ]^[o, sir  ;  he  viohited  tlie  rules  go\erning  the  body  in 
doing  so. 

Q,  Put  lie  did  it'? 

A,  I  understand  he  did. 

William  C.  IIogeks,  sworn  and  examined: 

Q.   What  are  you  ? 
A.  Stationer. 

Q,  Did  you  ever  see  tliis  book  before,  or  anything  lil<e 
tliat  ? 

A.  I  have  seen  sometliing  similar, 

Q.  Did  you  make  these  books  ? 

A.  Yes,  sir. 

Q.  Wlio  ordered  them? 

A.  Mr.  Kennedy. 

Q.  AVas  it  a  written  order? 

A.  Xo,  sir;  verl)al. 

Q.  On  what  account  did  he  oj-der  them  ? 

A.  He  did  not  specify  any  account, 

(J.  On  his  individual  account, or  on  a  [)ublic  account? 

A.  I  understood  it  was  a  public  acccumt. 

Q.  AVho  did  you  enter  it  on  the  books  to  ? 

A.  Charged  to  the  Police  Connnissioners, 

Q.  Have  you  presented  your  Ijill  ? 

A.  Yes,  sir. 

Q.  Didthey  pay  it? 


16 


A.  'No,  &ir. 

Q.  AVliynot? 

A.  I  have  not  lia<l  that  thoroughly  exphihied  to  ine  yet. 

Q.  Have  they  declined  paying  you  ^ 

A.  Yes,  sir. 

Q.  How  many  books  w  ere  tliere  ? 

A.  Three  hundred  and  tifty,  I  tliiuk. 

O.  What  was  the  amount  of  the  hill  ? 

^t.  Something  over  one  hundred  dollars. 

Q.  Do  you  furnish  stationery  for  the  Police  Depart- 
ment ? 

A.  A  portion  of  it. 

Q.  Do  you  furnish  all  the  stationery  to  the  Police  De- 
partment on  verbal  orders,  or  on  written  requisitions  ? 

A.  Sometimes  on  verbal  orders  and  sometimes  on  writ- 
ten requisitions. 

Q.  When  you  furnish  on  verbal  orders,  frum  whom  do 
you  get  the  orders  i 

A.  I  have  been  in  the  habit  of  taking  orders  from  al- 
most anybody  that  is  reliable — the  Conunissioners'  Chief 
Clerk,  Mr.  Hasbrouck. 

A.  How  often  has  Mr.  Kennedy  ordered  you  to  furnish 
stationery  on  verbal  orders  '( 

A.  Never  but  once  that  I  remember. 

Q.  Was  that  this  particular  instance  of  which  you  speak  ? 

A.  Yes,  sir. 

Q.  You  never  received  orders  from  Kennedy  ex- 
cept in  this  particular  case  i 

A.  Xo,  sir. 

Q.  Did  he  say  for  whom  they  were  made  when  he  or- 
dered tliem^did  he  represent  anybody  excepting  himself 
in  making  the  order  ? 

A.  No,  I  do  not  remember  that  he  did. 

Q.  Do  you  know  M'ho  the  books  were  delivered  to  after 
they  were  made  ? 

A.  They  were  delivered  to  liis  uihce  ;  my  boys  or  porter 
delivered  them  at  his  office. 

Q.  In  answer  to  a  question  just  asked  you  by  a  juror  you 
stated  that,  at  the  time  you  received  this  order,  Kennedy 


17 


represented  nobodv  but  liimself.  Wliy  did  you  make  out 
a  bill  fVti-  the  Police   Commissioners? 

A.  Because  I  took  it  for  fi:;ranted  that  the  work  was  or- 
dered for  the  Police  Commissioners  as  usual.  Mr.  Ken- 
nedy made  some  e.\])lanation  in  gi\ino;  me  the  order  tliat 
gave  me  reason  to  believe  that  they  were  for  the  police- 
men. 

Q.  What  explanation  did  he  make  ? 

A.  That  they  were  books  to  detect  fraudulent  votes ;  he 
was  going  to  make  a  perfect  register  of  the  city  and  coun- 
ty ;  that  it  was  going  to  be  done  by  the  Police  Board — 
going  to  use  the  policemen  for  that  purpose. 

Q.  lie  made  that  explanation  to  you  at  the  time  ? 

A.  In  a  casual  way. 

Q.  About  when  were  those  books  furnished  by  you  to 
Mr.  Kennedy  ? 

^4.  About  two  weeks  before  the  first  meeting  of  the 
Board  of  Registers. 

Q.  Was  it  not  earlier  than  two  weeks  ? 

A.  Possibly  earlier  tlian  two  weeks ;  I  cannot  say  ex- 
actly. 

Q.  Was  it  not  done  as  far  back  as  August  ? 

A.  I  do  not  know;  I  would  not  l)e  surprised  but  what 
it  was.  I  would  not  pretend  to  give  the  date  when  they 
were  ordered. 

Q.  If  I  understand  you  now,  Kennedy  represented  that 
the  Police  office  wanted  the  books  ? 

A.  I  received  an  order  from  Kennedy  to  make  those 
books,  and,  coming  from  him,  I  supposed  it  was  for  the 
Police  Commissioners. 

Q.  He  gave  you  no  order  to  make  out  an  individual 
bill  for  himself  ? 

A.  No,  sir. 

Q.  He  did  not  tell  you  at  the  time  that  it  was  for  his 
own  private  use  ? 

A.  'So,  sir. 

Q.  Yon  have  not  presented  Kennedy  with  the  bill  ? 

A    No,  sir. 

Q.     Was  there  anything  in  Kennedy's  language"  that 

3 


18 


yon  would  infer  that  it  was  for  his  individual  account  or 
for  that  of  the  Police  Department  ? 

A.  I  stated  alreacl_y  I  inferred  it  Avas  for  the  Police 
Connnissioners,  and  requested  the  Stationery  Clerk,  who 
received  my  bill,  to  see  Kennedy,  and  that  he  would  ex- 
plain that  the  books  were  all  received. 

Q.  Did  the  Stationery  Clerk  see  Kennedy  ? 

^ .  I  do  not  know. 

Q.  Was  your  bill  certified  before  ? 

A.  That  I  cannot  say.  I  received  a  check  with  re- 
ductions. 

William  A,  Darling,  sworn  and  examined,  testified  as 
follows : 

Q.  Do  you  know  of  any  money  having  been  paid  or 
handed  over  to,  or  put  at  the  disposal  of,  Daniel  E.  Sickles, 
for  election  purposes  ? 

A.  No,  sir. 

Q.  None  whatever  ? 

A .  None  at  all. 

Q.  You  subscribed  some  money,  I  presume,  toward  the 
general  election  fund,  yourself? 

A.  Yes,  sir. 

Q.  What  was  the  general  fund  ? 

A.  I  subscribed  to  various  applications. 

Q.  You  did  not  subscrilje,  or  knoM"  of  any  being  given, 
to  Daniel  E.  Sickles  ? 

A.  No,  sir,  I  do  not  know  what  was  done  with  the  mo- 
ney I  gave. 

Q.  To  whom  did  you  subscribe  during  the  last  canvass  ? 

A.  I  subscribed  to  the  Union  League  Club,  to  Charles 
S.  Spencer — various  small  amounts  on  different  applica- 
tions from  clubs. 

Q.  Did  you  subscribe  to  the  State  Central  Committee  ? 

A.  No,  sir ;  I  subscribed  to  various  meetings  that  were 
held. 

Q.  Is  the  "  Union  League  Club"  a  political  organiza- 
tion? 


19 


A.  I  do  not  know  tluit  It  is ;  I  presume  all  the  members 
are  of  one  political  faith. 

Q.  How  much  did  yon  subscribe? 

A.  One  hundred  dollars. 

Q.  At  the  time  yon  subscri])ed  tliat  money  was  it  for 
the  j)nr])Ose  of  defraying  the  expenses  of  the  election,  or 
was  it  for  the  pui-pose  of  carrying  on  the  expenses  of  the 
club  ? 

A.  That  money  was  subscribed  for  the  purpose  of  aid- 
ing in  the  canvass  to  promote  the  election  of  the  K.epul)lican 
candidates.     Tiiat  was  my  object  in  subscribing. 

Q.  How  much  did  you  subscribe  to  Mr,  Spencer  'i 

A.  I  sent  Mr.  Spencer  a  check  for  fifty  dollars. 

Q.  Was  it  to  him  as  an  individual  or  as  president  of  a 
political  organization  ( 

A.  He  requested  a  sul)scription  to  aid  in  the  holding  of 
public  meetings  ;  I  told  him  I  would  do  something  to- 
wards it. 

Q.  Did  you  subscril>e  any  large  amount— amounting  to 
85Ci(),  or  $1,000,  or  $5,0<iO,  during  the  late  canvass  ? 

A.  No,  sir,  I  was  pretty  well  cleaned  out  last  Fall. 

Q.  Was  there  any  pai-t  of  this  money  which  you  sub- 
scribed to  be  used  for  impnjper  purposes  in  the  canvass  i 

A.  Not  that  I  know  of,  or  I  should  not  have  subscribed 
it  for  any  such  purpose.  I  guess  Senator  Bradley  knows 
that. 

Q.  You  ha\'C  no  knowledge  of  what  became  of  the 
money  that  you  subscribed  i 

A.  No,  sir,  no  doubt  they  made  a  good  use  of  it;  it  did 
not  do  any  good. 

Sheridan  Shook,  sworn  and  examined : 

Q.  Did  you  subscribe  any  sums  of  money  for  political 
purposes  during  tlie  late  election  ? 
A.  I  think  I  have. 
Q.  What  amount  ? 
A.  I  cannot  tell. 
Q.  I  take  it  you  do  not  recollect  ? 


20 


A.  Yes,  sir. 

Q.  Have  jou  no  means  by  which  yon  could  refresh 
your  recollection  ? 

A.  I  conld  not  do  it  at  this  moment. 

Q.  Did  yon  give  checks  or  bills  ? 

A.  My  impression  is  it  was  bills. 

Q.  Yon  gave  no  checks  at  all  ? 

A.  I  do  not  think  there  was,  still  I  would  not  swear  I 
did  not. 

Q.  For  wliat  2)ui-pose  did  you  give  that  money  ? 

A.  For  tlie  pui-pose  of  manning  the  polls — the  usual 
purposes  of  an  election. 

Q.  To  what  parties  did  you  give  it  ? 

A.  I  desire  to  raise  one  question.  I  am  called  here  to 
testify  as  to  the  complaint  against  Daniel  E.  Sickles.  I 
siibnnt  wlietlier  these  questions  have  anytliing  to  do  with 
this  case,  or  tliat  I  liave  the  right  to  answer  them. 

Q.  I  ask  the  witness  for  what  purpose  he  subscribed 
this  money  ? 

A.  I  have  aiiswerd  the  question — for  the  purpose  of 
getting  boxes,  procuring  challengers,  and  other  necessary 
expenses. 

Q.  To  whom  did  you  give  the  money  ? 

A.  I  decline  to  answer  the  question. 

Q.  Did  you  give  any  money  to  Daniel  E.  Sickles? 

A.  Xo,  sir. 

Q.  Did  you  give  any  money  to  any  one  to  be  used  by 
him? 

A.  No,  sir. 

Q.  Did  you  give  any  money  for  any  specific  purpose 
beyond  printing,  for  boxes,  and  the  necessary  expenses  of 
the  canvass? 

A.  Not  that  I  am  aware  of. 

Q.  Do  you  know  of  Daniel  E.  Sickles  receiving  any 
money  for  election  purposes  ? 

A.  No,  sir. 

Q.  Did  you  know  of  any  one  in  communication  with 
him,  receiving  any  money  for  election  purposes  ? 

A.  I  do  not  understand  the  question. 


21 


Q.  Any  person  acting  as  his  friend  or  clerk,  oi-  acting 
in  his  behalf? 

A.  Not  that  I  am  aware  of. 

Q.  Of  the  moneys  which  you  subscribed,  were  any  of 
them  giyen  for  any  improper  purposes  in  conducting  the 
canvass  ? 

A.  No,  sir  ;  all  the  money  I  gave  Avas  given  to  the 
proper  committees, 

Q.  Do  yon  belong  to  the  Republican  General  Com- 
mittee of  this  connty '. 

A.  There  ai-e  two  Republican  committees. 

Q.  I  mean  the  Radical  committee  ? 

A.  No,  sir. 

Q.  Does  the  jury  understand  you  to  say  that  you  do 
not,  either  directly  or  indirectly,  know  of  any  sums  having 
been  appropriated  for  the  use  of  Daniel  E.  Sickles  for 
election  purposes  ? 

A.  Yes,  sir. 

Q.  Yon  sa}'  that  clearly  and  distinctly  ? 

A.  Yes,  sir,  I  have  seen  very  little  of  General  Sickles ; 
1  have  scarcely  exchanged  words  with  him — not  over  once 
or  twice. 

Q.  Do  you  believe  any  money  was  given  to  him  for  that 
purpose  ? 

A.  I  ha\e  no  l)elief  upon  the  subject. 

Tno^rAS  Murphy,  sworn  and  examined,  testified  as  fol- 
lows : 

Q.  Mr.  Murphy,  do  you  know  of  any  moneys  having 
been  paid  to  Daniel  E.  Sickles,  for  election  purposes  ? 

A.  I  do  not. 

Q.  Neither  paid  to  him  or  any  of  his  agents  ? 

^.  I  do  not,  sir. 

Q.  Do  you  know  of  any  money  having  been  subscribed 
for  that  purpose  by  other  parties  ? 

A.  For  Daniel  E.  Sickles,  I  do  not. 

Q.  Do  you  know  of  any  money  having  been  subscribed 
for  election  purposes  outside  of  the  ordinary  and  necessary 
expenses — poll  tickets,  books,  the  traveling  expenses  of 
speakers,  &c. 


22 

A.  I  do  not  know  of  any  money  snbscribed  for  ordinary 
expenses,  except  to  prevent  frauds. 

Q.  What  do  yon  mean  by  that  ? 

A.  The  money  was  spent  in  employing  clerks  and  conn- 
sel  in  examining  the  registry-books.  They  were  examined 
in  Room  15  of  the  Fifth  Avenue  Hotel. 

Q.  Who  brought  them  there '( 

A.  That  I  could  not  tell  you. 

Q.  Were  they  authentic  registers  ? 

A.  I  believe  they  were — ^tliat  is  my  impression  ;  I  could 
not  swear  to  it. 

Q.  By  whom  were  those  liooks  examined  ? 

A.  They  were  examined  by  Clerks;  on  some  of  the 
nights  fifty  were  at  work. 

Q.  Under  whose  direction  ? 

A.  Mr.  George  Bliss. 

Q.  Who  was  present  besides  Mr.  Bliss  at  Room  15  ? 

A.  The  Clerks  filled  the  room  so  that  it  was  impossible 
for  any  one  to  get  in ;  I  used  to  step  in  once  and  awhile 
and  others. 

Q.  Did  you  give  any  direction  in  relation  to  having  the 
registers  brought  there  ? 

A.  ISTo ;  but  the  committee,  of  which  I  was  a  member, 
advised  that  policy,  and  appointed  Mr.  Bliss  Chairman  of 
the  Committee  on  Frauds.  I  was  not  on  the  Committee 
on  Frauds. 

Q.  Were  you  in  the  room  during  the  time  the  examina- 
tion was  going  on  ? 

A.  I  used  to  step  in  and  out  there,  but  I  never  exam- 
ined the  books  myself.  Most  of  the  committee  were  in 
and  out.     The  committee  was  composed  of  fifty. 

Q.  Did  you  see  Mr.  Acton  'i 

A.  Mr.  Acton  was  in  there,  but  never  to  look  at  the 
books. 

Q.  Did  you  see  Mr.  Manierre  ? 

A.  I  never  saw  him  examining  the  books. 

Q.  Did  you  see  Governor  Fenton  ? 

A.  No.  ' 

Q.  Did  you  see  Hamilton  Harris  ? 


23 


A.  I  think  Hamilton  Harris  was  in  there. 

Q.  Did  you  see  Mr.  Terwilliger,  the  Clerk  of  the  Senate  ? 

A.  I  never  saw  him  exaniiniug  the  books  ;  he  was  there. 

Q.  Did  you  ever  luok  at  any  books  yourself  ? 

^1.  No,  sir;  I  did  not. 

Q.  You  could  not  say  whether  this  is  one  of  the  books 
or  not  ? 

A.  Xo ;  I  could  not. 

Q.  Was  the  Superintendent  of  the  Police.  Mr.  Ken- 
nedy, present  ? 

A.  Not  during  the  examination  of  the  books. 

Q.  From  wliom  were  those  books  obtained  ? 

A.  That  I  could  not  tell  you  only  from  general  knowl- 
edge. There  was  a  meeting  of  Republican  canvassers 
and  inspectoi"S,  and  at  that  meeting  they  Avere  requested 
to  bring  the  books  to  see  if  any  names  were  fraudulently 
put  upon  the  l)ooks.  Those  clerks  were  employed  for 
that  purpose.  We  found  a  great  number  of  them,  hun- 
dreds and  thousands. 

Q.  I  understand  you,  at  the  meeting  of  the  Republican 
inspectors  and  canvassers,  they  were  dij-ected  to  bring 
their  books  immediately  after  tJie  close  of  the  registry? 

A.  Yes,  sir. 

Q.  Do  you  know  who  gave  instructions  to  the  Inspectors 
of  the  Registry  to  bring  these  books  to  Room  15  ? 

A.  They  were  requested  by  John  H.  White  and  George 
H.  Bliss  ;  I  think  these  were  the  Committee  appointed  for 
that  pui'pose ;  I  presume  the  instructions  came  fi-om 
them.  I  am  perfectly  willing  to  answer  all  these  ques- 
tions, but  I  do  not  see  that  it  has  anything  to  do  with 
General  Sickles. 

Q,  Was  Sickles  present  at  Room  15  'i 

A.  No,  sir;  I  never  saw  him. 

Q.  You  say  the  bringing  of  the  registi-y-books  -was  at 
the  request  of  certain  gentlemen  ;  are  you  sure  it  was  the 
registry-books  themselves,  or  copies  ;' 

A.  My  impression  is  that  it  M'as  the  registry -books  them- 
selves. 


24 


Q.  Could  you  give  the  gi-aud-jurv  a  list  of  the  frauds 
you  found  't 

A.  I  do  not  know  that  I  could.  (Jn  the  first  two  days 
of  the  registering  I  think  the  number  of  fi'auds  amounted 
to  something  between  four  and  six  thousand. 

Q.  Can  you  suggest  to  the  jury  how  we  can  get  at  these? 

A.  They  canvassed  the  district  and  got  the  legitimate 
voters  of  the  district,  and  found  m  certain  houses  the 
names  of  persons  registered  who  did  not  reside  there. 

Q.  Did  you  have  evidence  before  you  that  the  parties 
did  not  reside  there  'I 

A.  Yes,  sir  ;  I  believe  they  got  the  evidence.  I  believe 
there  is  one  gentleman  who  states  that  twenty  were  regis- 
tered from  his  own  house ;  it  was  not  a  boarding-house. 

Q.  Do  you  know  whether  they  voted  'l 

A.  That  I  do  not  know ;  I  have  no  means  of  getting  at 
them ;  I  presume  Mr.  Bliss  has  got  all  those  papers. 

Q.  Did  I  understand  you  to  say  that  the  canvassers  were 
requested  to  bring  with  them  the  registry-books  ? 

A.  Immediately  on  the  closing  of  the  registry. 

Q.  AVere  the  canvassei's  all  Republicans  ? 

A.  I  presume  they  profess  to  be  Republicans — all  of 
them  that  came  there. 

Q.  Did  you  know  it  was  a  misdemeanor  to  take  those 
books  to  Room  15  ? 

A.  Ko,  sir  ;  I  did  not  know. 

Q.  Don't  you  know  that  the  books  should  be  imme- 
diately returned  to  the  Bureau  of  Elections,  Police  liead- 
cpiarters  ? 

A.  I  do  not  know ;  I  am  only  giving  you  the  general 
impression  1  got — not  facts  at  all ;  1  do  not  know  whether 
they  were  registry-books  or  not. 

Q.  Have  you  any  doubt  of  them  not  being  the  registry- 
books  ? 

A.  I  supposed  they  were,  but  I  do  not  know  it  as  a  fact. 

Q.  It  was  the  books  that  the  registers  kept  that  had  the 
registered  names — they  were  brought  to  this  room  at 
night  ? 


25 


^4.  I  presume  that  is  the  way  it  was  done. 

Q.  AV'^ere  you  in  Itoom  15  on  the  Sunday  previous  to  the 
election  !■ 

A.  I  do  not  recollect, 

Q.  Did  you  hear  any  Re[)nl)]ican  register  instructed  to 
hi'ing  the  registry -books  ^ 

.1,  I  was  not  at  the  meeting  when  those  instructions 
were  given  ;  1  only  heard  what  was  said. 

Q.  Will  you  state  to  this  jury  how  much  money  you 
sill  (scribed  for  election  purposes  ? 

A.  I  do  not  think  it  is  a  proper  question  ;  I  subscribed 
money  for  election  }>urposes. 

Q.  How  much  '. 

A.  Allow  me  to  ask  if  that  is  not  going  into  my  ])rivate 
affairs  i  I  am  perfectly  willing  to  answer,  but  I  do  not 
think  it  is  a  fair  question.  In  fact  I  could  not  tell  you  ; 
I  subscribed  so  much  I  would  have  to  look  over  my  cash- 
book  to  see  what  it  was. 

Q.  Who  received  your  money  i  Who  acted  as  treasu- 
rer ? 

.1.  I  acted  as  treasurer,  myself,  of  that  Committee. 

Q.  What  was  the  lai'gest  sum  you  ever  dispensed  at  one 
time  ^ 

A:  Well,  now,  1  am  entii-ely  willing  to  answer  these 
questions ;  but  I  do  not  see  that  it  applies  to  Gen.  Sickles, 
on  which  sul)ject  I  am  snbpoMiaed. 

Q.  I  ask  you  this  question,  and  you  decline  to  answer. 
I  now  ask  yon  to  whom  that  money  was  paid? 

A.  1  am  perfectly  willing  to  answer,  and  I  will  answer 
it.  if  you  say  you  have  a  right  to  ask  it.  The  largest  sum 
I  paid,  at  one  time,  was  two  thousand  dollars;  it  was  for 
counsel  fees. 

Q.  To  whom  ? 

A.  James  T.  Brady. 

Q.  As  treasurer  of  the  fund,  how  much  money 
did  you  receive  ( 

A.  I  was  only  treasurer  of  the  fi-aud  fund. 

Q.  As   I   understood  you,  the  moneys  }ou  subscribed 

4 


26 

were  not  for  the  purpose  of  obtaining  fraudulent  votes,  but 
for  the  prevention  of  them  ? 

A.  Yes,  sir,  so  far  as  my  knowledge  is  concerned,  noth- 
ing was  used  but  to  prevent  frauds  and  to  man  the  polls. 

Q.  Have  jon  any  objection  to  state  how  much  you  gave  ? 

A.  I  believe  the  whole  amount  did  not  exceed  twelve 
thousand,  the  amount  that  was  paid  to  clerks  by  the  com- 
mittee. 

Testimony  of  Jonx  A.  Kennedy  [taken  by  foreman 
— Stenographer  absent]  : 

Recognized  the  books  submitted  to  him  ;  they  are  records 
of  the  inhabitants  of  the  city,  entitled  to  vote,  as  deter- 
mined by  the  officers  inquiring  at  residences ;  their  cus- 
tody is  the  Police  Headquarters  ;  does  not  know  of  these, 
or  like  books,  having  been  taken  to  the  Fifth  Avenue 
Hotel ;  has  no  knowledge  of  any  such  proceeding ;  does 
not  recognize  the  marks  /  and  x,  and  does  not  know  who 
made  them ;  is  a  member  of  the  Loyal  League  Club  ;  has 
not  attended  any  political  canvasses  or  committees  during 
the  recent  canvass  ;  lias  not  any  direct  evidence  which 
will  establish  frauds  during  the  recent  election ;  there 
were  two  inspectors  and  one  canvasser,  of  each  political 
party,  at  each  of  the  late  election  polls  ;  the  police  and  the 
public  were  urged  to  vigilance,  against  frauds  at  the  re- 
cent election ;  does  not  know  how  the  arrests  for  frauds, 
at  the  late  election,  would  compare  with  prior  elections  ; 
did  give  orders  to  hurry  up  the  canvass,  in  some  cases, 
wlien  canvassers  were  dilatory. 

Testimony  of  D.  B.  Hasbkoitok  [taken  by  foreman — 
Stenographer  absent]  : 

Inspectors  of  Registry  are  appointed  b}'  Police  Com- 
missioners ;  removals  are  made  in  like  manner  ;  there  were 
many  changes  of  inspectors  at  late  election ;  does  not  re- 
cognize the  books  submitted  to  him.      The  registry-books. 


27 


deposited  in  his  bureau,  have  not  been  lent  or  parted  witli 
to  his  knowledcre. 


Monday,  November  10,  1^68. 
Judge  Bosworth,  sworn  and  examined  : 

The  books  were  not  ordered  by  the  Board.  There  M-ere 
books,  many  of  different  sizes  and  some  in  that  form,  filed 
with  the  Clerk.  What  was  done  with  them  afterwards, 
or  what  use  was  made  of  them,  I  know  not. 

Q.  These  books  Mere  not  ordered  under  a  re(iuisition  or 
direction  of  the  Board  of  Commis?^ioners  '. 

A.  Not  at  any  meeting  at  wliich  I  was  present  or  of 
which  I  have  knowledge. 

Q.  Have  they  been  paid  for,  or  ordered  to  be  paid  i 

A.  Not  by  any  order  of  which  I  have  any  knowledge. 

Q.  Would  you,  as  a  memljer  of  the  P<ilice  Board,  if  the 
question  came  uj),  consider  that  the  Metropolitan  Police 
Board  should  pay  for  them  ? 

A.  That  I  would  consider  ; — what  was  to  be  said  by  the 
Commissioners,  j!>/'0  and  con  whether  I  woidd  have  any- 
thing to  do  with  it.  I  could  liardly  tell  how  I  would  vote 
until  I  would  hear  all  that  was  to  be  said. 

By  District  Attorney — 

Q.  Judge,  assuming  that  it  should  be  in  evidence  that 
these  books  were  taken  at  night  fi-om  the  Police  Head- 
quarters to  the  rooms  of  a  poHtical  Committee,  would  that 
be  an  act  coming  within  the  scope  of  the  Police  I 

A.  I  am  not  aware,  at  present,  of  any  rule  or  order  that 
should  make  it  proper  to  go  to  any  such  ]ilace. 

Q.  Is  there  any  rule  or  usage  in  the  Department  requir- 
ing books  and  papers,  that  belong  to  the  De})artment,  to 
remain  on  file  for  record  ? 

A.  They  are  to  remain  there,  as  I  understand  it. 

Q.  Is  there  any  rule,  of  the  Police  De})artnH'nt.  wlu'ch 


28 


forbids  the  wearing  of  a  political  badge  by  any  officer  of 
the  Department? 

A.  Xot  as  I  remember.  I  wonld  not  want  to  answer 
abont  tliat  more  than  I  wonld  as  to  certain  things  in  the 
Statnte.  Our  rules  are  against  officers  taking  part  in  a 
political  meeting.  As  I  understand  the  matter,  the  thing 
svonld  be  censured  at  once,  if  it  was  discovered,  for  the 
reason  that  it  would  tend  to  demoralize  the  force. 

Q,  Do  I  understand  that  books  similar  to  these,  in  ap- 
pearance, were  the  property  of  the  Police  Commissioners  ? 

A.  I  said  that  was  a  nice  question ;  if  these  books  had 
been  bought  with  police  funds  and  paid  for  on  general 
principles,  I  should  say  they  ought  to  belong  to  the  Police 
Department  as  representmg  the  city  and  county. 

Q.  Were  they  paid  for  ? 

A.  I  cannot  tell  you  ;  I  am  not  treasurer  ;  I  do  not 
know  howtliey  got  in  thei'e;  liesides  those  books  tliere  are 
(piite  a  number  of  books  about  the  size  of  bank  pass-books 
whicli  were,  })robably,  oi'iginally  memorandum  books. 
Those  books  have  in  tlie  front  of  them  a  diagram  of  a 
block,  or  a  part  of  a  V)lock.  I  wish  to  be  permitted  to  say, 
in  behalf  of  i\Ir.  Acton,  tliat  he  is  not  really  in  a  condition 
that  he  ought  to  be  asked  to  come  here  to-day. 

Moses  II.  Grln'xell,  sworn  and  examined,  testified  as 
follows : 

[The  District  Attorney  read  the  resolution  passed  by  the 
grand  jury  requesting  him  to  conduct  the  examination  of 
witnesses.] 

Q.  Mr.  Grinnell,  were  you  treasurer  of  any  political 
fund  during  the  last  election  ? 

A.  I  was  the  Treasurer  for  the  Boys  in  Blue. 

Q.  Did  you,  at  any  time,  ask  Mr.  Stewart  for  any  por- 
tion of  the  sum  of  $20,000,  said  to  be  subscribed  by  J  udge 
Pierrepont  ? 

A.  No,  sii-;  I  never  asked  him  for  any  portion  of  it. 

Q.  Did  you  have  any  communication  with  him  or  Judge 
Hilton  about  it  ? 


29 


A.  Not  speciall}'  in  regard  to  that  sum  or  any  other,^ 

Q.  During  the  late  canvass,  how  much  money  j)assed 
througli  your  hands  as  treasurer  of  a  pohtical  fund  i 

A.  I  suppose  I  })aid  something  Hke  eight  or  nine  thou- 
sand dollars  for  the  Boys  in  Blue,  for  their  dress  and  out- 
fit— the  most  of  it  was  for  that  purpose. 

Q.  Does  that  comprise  all  the  amounts  that  were  paid 
out  by  you  in  any  capacity  duriug  the  last  canvass  ? 

A.  I  paid  out  in  my  own  individual  capacity  donations 
frequently  to  the  different  connnittees,  foi-  the  purpose  of 
defraying  the  expenses  of  the  election.  1  paid  generally 
when  I  was  called  uixjn. 

Q.  Did  you  have  any  conversation  with  Judge  Pierre- 
pont  in  relation  to  his  suhsci-iption  of  twenty  thousand 
dollars  ? 

A.  No.  sir. 

Q.  Are  you  accpiainted  with  Hamilton  Harris  i 

A.  I  know  him,  sir. 

Q.  How  much  money  during  the  late  canvass  did  you 
collect  for  political  purposes  altogether  ? 

A.  I  do  not  know  how  much ;  I  gave  freely  myself  and 
collected  all  I  conld,  and  whatever  I  recei\ed  I  paid  over 
to  different  committees. 

Q.  Can  you  gi\e  any  approximate  idea  of  the  maximum  ? 

A.  Probal)ly  I  paid  eight  or  ten  thousand  dollars  my- 
self to  the  different  committees. 

Q.  Those  moneys  were  collected  in  this  County,  were 
they  not  ? 

A.  Some  in  this  County  and  some  elsewhere. 

Q.  Eight  or  ten  thousand  dollars,  your  own  individual 
subscription  i 

A.  Money  has  been  remitted  to  me,  from  through  the 
State  and  from  other  States,  in  very  small  sums,  for  the 
Boys  ill  Blue. 

Q.  Were  you  in  the  Fifth  Avenue  Hotel  at  any  time 
when  the  books  of  registry  were  there  ? 

A.  No,  sir ;  I  do  not  know  when  they  were  there  ;  I 
never  was  there,  to  my  knowledge,  when  tlie  books  were 
there,  nor  did  I  ever  hear  a  rumor  that  thev  were  there. 


30 

Q.  Of  the  moneys  which  you  collected,  and  Avhich  were 
handed  over  to  the  committees,  and  which  you  paid  your- 
self, was  any  portion  of  that  to  be  used  for  improper  pur- 
poses in  the  election  'I 

A.  Not  to  my  knowledge. 

Q.  Do  you  know  of  any  illegal  or  fraudulent  votes  hav- 
ina:  been  cast  at  the  last  election  ? 

A.  I  know  nothing,  only  by  rumor  in  the  newspapers  ; 
of  my  own  knowledge,  1  know  nothing  of  it. 

By  District  Attoexey — 

I  desire  to  serve  the  grand-jury  with  evidence  furnish- 
ed of  two  subpoenas  being  sent  to  Senator  Morgan. 

John  II.  AN^hite,  sworn  and  examined,  testified  as  follows : 

Q.  Mr.  White,  have  you  any  personal  knowledge  of  any 
police  directory  books  of  election  districts  having  been  be- 
fore a  political  committee  that  met  at  the  Fifth  Avenue 
Hotel  ? 

A.  I  do  not  know  what  l>ooks  you  refer  to ;  that  com- 
mittee had  books  there. 

Q.  Were  they  books  of  that  character?   [Books  shown.] 

A.  No,  sir ;  the  books  that  I  refer  to  were  wider — regu- 
lar registry -books — books  that  are  used  by  registers  on  elec- 
tion day.     We  had  a  quantity  of  those  and  smaller  books. 

Q.  Look  inside  of  them  and  see  if  vou  recognize  books 
like  that.  Did  you  have  occasion  to  inspect  any  books 
like  these? 

A.  No,  sir,  I  did  not. 

Q.  You  do  not  know  of  any  having  been  there  ? 

A.  The  matter  of  books  was  not  specially  under  my 
charge ;  it  was  only  incidental  so  far  as  I  was  concerned. 

Q.  Who  had  charge  of  this  ? 

A.  I  think  George  Bliss,  Jr.,  had  more  charge  of  the 
books,  although  the  books  I  speak  of,  what  we  call  the 
registry  and  challenge  book,  was  frequently  in  my  hands, 
and  Igase  some  directions ;  all  those  were  books  we  made 
up  ourselves. 

Q.  Did  you  have  before  your  political  Committee  any 
books  belonging  to  the  public  ? 


31 


A.  ?sot  that  I  am  aware  of. 

Q.  Did  you  have  any  registiy-books  ? 

A.  Our  registry-books  were  made  up  from  copies  that 
were  taken  from  the  original  books  of  tlie  inspectors. 

Q.  Who  bought  those  books — larger  than  that? 

A.  We  bouglit  them. 

Q.  Was  there  not  a  copy  of  tlie  registry-books  before 
your  Committee  ? 

A.  No,  sir ;  we  had  registers  that  took  a  copy  of  the 
names  registered  on  each  election  day,  usually  on  slips  of 
paper,  of  such  a  district;  these  names  wouhl  be  handed  in 
and  transcribed  into  l)ooks  that  we  purchased. 

Q.  The  official  registers  furnished  the  names  i 

A.  Yes,  sir;  they  did  some,  and  some  were  hung  up  iif 
the  public  places  wliere  we  could  examine  them. 

Q.  But  books  like  those  you  never  saw? 

A.  No,  sir. 

Q.  I  officially  observe,  and  I  believe  the  grand  jury 
also,  that  you  have  the  lionor  to  be  on  a  Committee  for  in- 
vestigating into  election  frauds  and  irregularities.  If  you 
have  any  evidence  which,  as  a  lawyer,  you  regard  of  a 
practical  and  original  character,  I  should  be  officially 
very  much  o])liged  if  you  would  furnish  me  with  it,  if 
yon  have  any  such  evidence  now  ? 

A.  I  can  say  that  during  the  i)rogress  of  the  investiga- 
tions, as  a  member  of  that  Committee,  we  found  a  great 
many  things  that  led  us  to  l)elieve  that  there  were  frauds 
being  perpetrated  in  the  way  of  large  quantities  of  false 
naturali>^ation  papers  and  illegal  registration,  more  or  less 
of  which  papers  are  in  the  possession  of  myself  and  others 
— the  matters  that  you  refer  to  now.  It  was  deemed  ex- 
pedient by  those  who  desired  to  have  the  subject  investi- 
gated to  have  a  Committee  appointed.  I  am  an  ornamen- 
tal member  of  that  Committee.  I  have  not  yet  anything 
to  do  with  it,  but  probal)ly  shall  have. 

Q.  At  this  time  are  you  not  cognizant  of  what  we  hiw- 
yers  call  original  evidence  ? 

A.  Well,  sir,  what  I  liave  in  my  possession,  the  docu- 
ments and  papers,  if  they  are  truthful,  show  a  good  many 


32 

frauds.  Parties  that  say  they  iie\'er  went  to  court ;  a  good 
many  papers  have  been  surrendered  and  some  books  that 
we  have  got  that  liave  been  used  by  repeaters,  going  about 
putting  their  names  in  various  districts  ;  we  have  got  their 
names,  and  found  by  comparing  these  names  on  the  regis- 
ters, that  they  have  been  registered. 

Q.  Have  you  any  persons  that  you  can  trace,  as  respon- 
sible for  the  possession  of  these  repeating-books  ? 

A .  I  think  so  ;  I  think  we  can  reach  parties. 

Q.  Have  any  of  these  been  arrested  '^ 

A.  I  think  one  or  two  have  been  indicted  in  the  United 
States  District  Court ;  I  have  been  so  informed.  Thei-e 
was  on  the  last  day  of  registration  some  repeaters,  over  in 
*the  Seventh  and  Tenth  Wards,  that  went  ronnd  register- 
ing ;  eight  of  them  were  arrested ;  we  have  got  their  books  ; 
they  were  discharged  that  very  evening,  upon  a  writ  of 
habeas  corpus  issued  by  Judge  Barnard ;  I  don't  know 
wlio  tlie  parties  are,  or  where  they  belonged. 

Q.  Tlie  books  were  taken  from  them  that  you  have  ? 

A.  Tliey  had  books  with  •  them, — admitted  that  they 
were  their  books. 

Q.  We  should  be  very  happy,  if  your  Committee  think 
it  consistent  ^vith  their  duty  to  furnish  us  with  any  of  tliat 
evidence,  if  they  would  do  so  ? 

A.  I  say  that  the  Committee  liave  not  progressed  very 
much ;  I  do  not  know  how  it  will  ultimate ;  it  would  not 
inake  any  personal  difference  with  me.  We  think  we  can 
show  that  frauds  were  being  pei'petrated  which  require 
some  additional  legislation.  I  should  be  very  -willing,  in- 
deed, to  communicate  with  the  District  Attorney,  when 
we  get  information,  that  I  think  may  be  valuable  to  him. 
From  the  books  and  documents  we  have,  many  of  the 
facts  have  been  shown.  I  saM^  some  parties  this  morning 
(and  I  think  we  are  not  misguided)  who  obtained  papers, 
and  had  been  arrested.  I  recommended  their  discharge 
because  I  did  not  thiidv  they  had  the  intent.  I  thought 
they  had  been  tools  ;  they  were  before  Commissioner 
Osborn.  I  received  a  letter  on  Saturday,  from  a  man  up 
in  Dutchess  County,  in  which  he  stated  he  employed  sixty 


33 


men,  and  tliev  all  liad  i-ecelved  their iiatiimlizatic»n  papei's, 
dated  the  I'Jth  of  October,  1>)08,  issued  in  the  Citv  and 
County  of  New  York,  and  not  one  of  the  men  came  to  the 
I'ity;  he  kept  a  pay-roll  and  knew  they  had  not  left  their 
jthiccs.  Another  man,  in  llaver.straw,  states  he  employs 
thii'ty  men,  all  of  whom  received  their  papers,  and  none  of 
tlicm  had  hcen  to  the  city  or  taken  an  oatli.  This  is  the 
nature  of  s(»meof  the  fi'auds  we  are  investio-atin^,  and  they 
come  in  fr(jm  all  directions.  Some  papers  are  sent  to  us 
that  have  Ijeen  surrendered. 

Q.  Did  they  vote  in  the  City  of  Xew  Y(»rk  ? 

A.  No,  sir. 

Q.  The  ol)ject  of  your  committee's  investigation  is  rather 
more  for  the  purpose  of  procuring  evidence  in  respect  to 
enforcing  additional  legislation  than  to  prosecute  parties  ? 

A.  That  is  the  S(de  object,  so  far  as  I  am  concerned.  I 
can  say  frankly  I  do  not  think  the  connnittee  can  attain 
any  object  in  contesting  the  late  election. 

Q.  After  your  connnittee  has  discharged  its  functions,  if 
y(ju  have  any  evidence,  if  you  will  have  the  goodness  to 
furnish  it  to  the  authorities,  we  will  act  ujK>n  it. 

A.  I  should  be  happy  to  do  it. 

Q.  Do  you  know  of  your  committee  iiaving  jiassed  a 
j'es«»latii>n  reipiiring  the  lie[)ublican  Iiegisters  to  l>ring  tlie 
registry-books  at  the  close  of  each  day  to  the  Fifth  Ave- 
nue Hotel '. 

A.  Xo,  sir;  I  had  that  whole  matter  in  charge. 

Q.  Tiie  organization  did  not  \ 

A.  No  such  resolution  passed. 

Q.  It  was  sworn  to  l)y  Mr.  ]\Iuri>hy  ^ 

A.  Mr.  Murphy  is  mistaken.  Mr.  Murphy  does  not 
know  anvthing  about  that  matter.  In  the  iirst  place  the 
Iie[)ublican  inspectors,  or  those  supposed  to  be  Republican 
inspectoi-s,  were  invited  to  meet  at  Iloom  No.  15,  or  a  public 
room  across  the  way,  for  the  pui-pose  of  being  instructed 
in  their  duties.  That  was  before  any  registration  took 
place  at  all.  It  so  happened  I  went  over  and  gave  them 
such  instructions  that  the  exigencies  of  the  case  demanded. 
The  rc<piest  was  made  that  as  fast  as  they  registered  they 
5 


34 

should  make  a  transcript  of  their  register  and  send  it  to 
Room  Xo.  15  at  the  end  of  each  day's  registration,  so  that 
we  conhl  make  up  a  list.  Some  of  them  inight  be  on 
books,  but  generally  they  came  in  on  manuscript  papers, 
and  from  these  manuscri])t  papers  they  were  copied  l)y 
our  clerks  on  the  books.  It  seems  to  me  that  some  of  the 
reo-istcrs  did  bring  blank  books  that  tliey  had  bouglit. 

Q.  Did  you  see  any  book  of  the  registry  brought  to  this 
place— any  original  registering  book  { 

A.  I  do  not  know  that  there  was  any  brought  tliere ;  they 
were  handed  in  and  we  took  them ;  we  have  got  them 
now,  and  they  conld  not  be  registry  books ;  I  have  got 
them  now.  We  asked  for  a  copy  of  tlie  names  tliat  were 
reo-istered,  so  that  we  might  see  if  tlie  parties  who  regis- 
tered live  there,  so  as  to  make  up  challenge  books,  &c. 

Q.  Do  you  know  of  books  being  taken  from  the  Police 
Headquarters  to  the  Fifth  Avenue  Hotel  'i 

A.  None,  to  my  knowledge. 

Q.  Have  yon  any  knowledge  that  you  are  prepared  to 
impart  to  this  Gi'and  Jury  in  reference  to  fraud  i 

A.  I  have  no  personal  knowledge  ;  I  simph"  state  wliat 
has  come  under  my  observation ;  I  do  not  know,  of  my 
own  knowledge,  that  any  one  voted  illegally. 

George  Bliss,  Jr.,  sworn  and  examined,  testified  as  fol- 
lows : 

Q.  I  have  been  directed  by  the  Grand  Jury  to  examine 
some  witnesses  that  have  been  bronght  before  them.  Will 
you  have  the  kindness  to  look  at  these  liooks  and  say 
whether,  during  the  recent  canvass,  you  saw  books  of 
which  these  are  specimens,  at  any  place  or  any  time  'i 

A.  I  cannot  say  that  I  ever  saw  that  book. 

Q.  Or  books  like  it  ? 

A.  I  did,  sir. 

Q.  Where  were  they  ? 

A.  Some  books  that  I  ordered  made  by  AV".  C.  liogers 
&  Co. 

Q.  You  ordered  them  on  your  own  responsibility  ? 


35 


A.  I  did,  sir. 

Q.  Wlicn  made,  where  were  they  sent  ? 

A.  To  Eoom  15,  Fiftli  Avenue  Hotel. 

Q.  Did  you  see,  during  the  recent  canvass,  books  with 
entries  like  those  inside  of  them  ? 

A.  Those  Ijooks  that  I  refer  to  had  entries. 

Q.  What  was  inside  of  the  books  ? 

A.  A  series  of  names;  the  books  tliat  I  refer  to  had  the 
names  of  persons  who  had  registered  as  voters. 

Q.  These  books  that  I  have  here,  purport  to  be  direc 
tions  of  persons  actually  residing  at  certain  numbers  in 
certain  streets.  Had  you  any  sucli  books  as  these  before 
you  'i 

A.  These  books  tliat  I  refer  to  had  not  the  names  of 
the  residences  of  people;  they  wci'c  arranged  l)y  street 
numbers. 

Q.  Containing  the  actual  residences? 

A.  Contained  the  names  of  the  persons  who  had  regis- 
tered as  voters. 

Q.  Had  you,  apart  and  separate  from  those  books,  an 
inspection  of  anj^  books  like  these  which  had  in  them  the 
names  of  parties  residing  at  stated  places  in  the  City,  who 
had  at  those  stated  places  given  their  names  ? 

A.  I  saw  certain  other  books,  but  I  do  not  know  that 
tliey  contained  what  you  describe. 

Q.  Do  you  know  where  those  books  that  you  saw  came 
from  { 

A.  I  know  wliei-e  I  saw  them  ;  T  saw  them  at  Police 
Headquarters. 

Q.  Do  you  know,  of  your  own  personal  knowledge, 
whether  those  books  that  were  taken  up  to  the  Fifth  Av- 
enue Hotel  were  the  same  as  you  saw  at  Police  Head- 
(piarters  ( 

A.  Of  my  own  personal  knowledge  I  do  not  know. 

Q.  Did  you  ever  see  any  like  the  books  that  you  saw  at 
Police  Headipiarters  up  at  the  Fifth  Avenue  Hotel 
rooms  ? 

A.  The  books  that  I  refer  to  a>i  luivlng  been  ordered  by 
mvself.  were  like  these. 


SQ 


Q.  I  mean  books  containing  like  entries  to  tliose  wliicli 
you  saw  at  Police  Headquarters  ? 

A.  I  liave  no  means  of  distinguishing  the  different 
entries  ;  each  contained  names  under  the  number  of  the 
street. 

Q.  Ol^tained  apart  from  the  register  ? 

A.  I  do  not  kno-u'  how  they  were  obtained. 

Q.  The  l)ooks  you  saw  were  not  registry  books  ? 

A.  Xo,  sir. 

Q.  It  was  merely  an  election  directory  ? 

A.  I  saw,  at  Police  Headquarters,  books  similar  to  that 
which  you  showed  me,  which  were  copies  of  the  police 
records. 

Q.  Did  your  Connnittee  have  any  copies,  or  order  any 
copies,  made  of  the  Police  Directory  or  police  record,  tliat 
you  liave  just  been  speaking  of? 

^4.  I  undertook  to  get  copies  of  the  police  records. 

Q.  IlaN'e  3'ou  any  knowledge  of  those  copies  being  taken 
from  the  Police  Headquarters  ? 

A.  The  copies  that  I  procured  were,  I  thiuk,  some  of 
them  taken  from  Police  Headquarters. 

Q.  AVere  they  taken  of  an  e\"ening,  in  a  carriage,  do  you 
know  ? 

^•1.  I  ha\-e  no  knowledge  that  any  were  so  taken  ;  I  do 
Udt  thiuk  any  wei-e  ever  so  taken. 

Q.  If  any  l)ooks  M'ere  so  taken  of  an  evening,  from  the 
Police  Headquarters  to  the  Fifth  Avenue,  it  was  not  with 
your  knowledge? 

A.  No,  sir;  I  speak  with  tlie  greatest  confidence  when 
I  say  tliat  no  books  were  taken  to  Eoom  Xo.  15.  They 
may  ha\e  been  taken  somewhere  else. 

Q.  Are  you  able  to  tell  wliat  handwriting  is  in  this  book 
here — the  handwriting  of  any  persons  eniploj^ed  l)y  you  ? 

A.  Xo,  sir;  I  have  seen  that  handwriting,  but  I  cannot 
say  where.  This  handwriting,  I  do  not  remember  ever  to 
have  seen  ;  I  liad  some  eighty  clerks  employed ;  it  is  im- 
possible f(>r  me  to  identify  the  handwriting. 

Q.  Do  you  know  anything  about  marks  l)cing  made  in 
these  bodks,  with  blue  pencil  ? 


S7 


A.  I  do  know  of  marks  l^cinij  made  in  some  l)Ooks. 

Q.  AVho  made  those  mai'ks  { 

^1.  I  cannot  tell  you. 

Q.  You  do  not  recognize,  either  of  these  hooks,  as  ever 
having  been  personally  submitted  to  you  ? 

A.  No,  sir  ;  I  do  not. 

Q.  These  books  liave  a  blue  mark — would  that  liel])  you 
to  any  identification. 

A.  Tliey  might  have  tlic  l>hic  iiiark>,  and  1  never  liave 
seen  tliem. 

Q.  Did  you  liave  l)cfore  you,  at  any  time,  any  of  the 
books  of  registry  of  the  City  of  Xew  I'ork  ? 

A.  T  had  copies  of  the  registry. 

(J.  AVho  furnislied  those  copies  ? 

A.  Copies  were  furnished  in  some  cases  by  inspectors 
themselves,  and  in  other  ca^es  by  persons  whom  I  sent  to 
copy  tlie  register. 

Q.  1 1)elieve  yon  assisted  Judge  James  on  the  day  of 
election  at  the  ^Metropolitan  Hotel,  Mr.  Tiliss,  or  acted  in 
liis  behalf  ( 

A,  No,  sir;  1  saw  Judge  Jame>  with  a  nmnber  of  other 
gentlemen. 

Q.  Did  ynu  not  follow  up  any  conijilaint !! 

A.  I  did,  sir. 

Q.  Do  you  remember  of  a  haljeaf<  corpus  l)eing  issued 
by  Judge  James  ;  have  you  any  perj^onal  knowledge  of 
that — an  inspector  under  ai'ivst  i 

A.  ^'es,  sir. 

Q.  Was  the  Jiaheas  corj)Us  issued  Avhile  the  insjiector 
was  actually  under  arrest  before  him  '. 

A.  ]\Iy  recollection  i-  that  it  was  not — in  fact  1  am  very 
sure. 

Q.  lie  was  brought  thei'e  under  a  Jmheas  corpus  I 

A.  Yes,  sir. 

Q.  Tie  was  discharged,  was  he  not  ? 

A.  lie  was. 

Q.  Do  yon  rememl»er  whether  any  notice  of  the  issue 
of  that  latlteiijt  corjius  was  given  to  the  District  Attorney? 

Q.  I  do  not  know  anything  about  that.     In  reference 


38 

to  that  I  tliink  I  filled  out  the  petition  at  the  request  of 
the  gentlemen  who  eanie  tliere. 

Q.  The  party  was  brought  before  Judge  James  and  on 
the  hearing  dischai-ged  ? 

A.  Yes,  sir. 

Q.  Yon  were  there  ? 

A.  Yes,  sh-;  I  was  there  at  the  time  Judge  James  ex- 
pressed the  opinion  that  an  infamous  outrage  had  been 
committed  upon  him. 

Q.  What  was  the  attorney's  name  signed  to  the  writ  of 
hahms  corpus  ? 

A.   Henry  Hilton. 

Q.  You  have  no  personal  knowledge  as  to  whether  or 
no  a  notice  was  or  was  not  served  upon  the  District  At- 
torney 'i 

A.  I  know  nothing  about  it. 

Q.  AVHiere  you  present  when  Judge  James  heard  the 
case  ? 

A,  I  was,  sir. 

Q.  Do  you  know  whether  there  was  anybody  there  to 
represent  the  people  i 

A.  I  cannot  tell  you  ;  there  were  a  considerable  num- 
ber of  persons. 

Q.  I  mean  any  oihcials  of  the  county  ? 

A.  Tiiere  was  a  gentleman  there  whom  I  suppose  did, 
l)ut  I  d(»  not  ]<no\v  the  fact.  A  person  came  in  at  the 
same  time  that  the  prisoner,  the  inspe(;tor,  came  in.  and  I 
thought  he  represented  the  people. 

Q.  AVliat  I  want  to  get  at,  the  party  who  was  l)rought 
before  Judge  James  and  had  counsel,  who  urged  his  dis- 
charge, and  there  was  no  one  present  on  behalf  of  the 
people  to  oppose  his  discharged 

A.  I  understand  that  the  gentleman  who  was  tliere,  was 
there  on  behalf  of  the  people,  opposing  his  discharge  in 
this  sense,  that  he  said  the  ground  of  his  retention  was  a 
written  document,  which  he  produced,  and  left  with  the 
judge  to  say  whether  that  constituted  a  sufficient  ground 
for  his  discharge  or  not.  Judge  Hilton  said  that  it  very 
clearlv  did  not.     I  think  that  was  about  all  that  occurred. 


39 


"Wliu  this  third  ]x'r.-(ni  wus  I  did  not  kiiuw.     I  supposed 
him  ;it  tli;it  lime  to  l)e  a  hiwyer. 

(^.  \  oil  (h)  ii(»t  kimw  liis  iiaiiie  { 

A.   No,  >ir ;    I.  di;  not. 

(^.  \X  aiiv  rate  tliere  was  n<j  (me  there  ehiiming  tu  re- 
present the  District  Att(»rney  '. 

A.  I  do  not  know  Avliat  he  chiinied  ;  I  su]>[iosed  he  rep- 
resented the  District  Attorney.  He  came  in,  apparently, 
acting  with  a  view  of  having  the  man  detaine(L 

Q.  Well,  the  party  under  arrest,  and  who  wa.>  dis- 
charged, M'as  an  inspector,  -was  he  not '. 

A.  It  was  so  stated,  and  the  returns  showed  a  conunit- 
ment  of  hiui  by  two  of  his  fellow  inspectors. 

Q.  Do  you  know,  wliether  the  two  who  connnitted  him, 
Avere  of  an  opposite  political  faith  to  the  one  Avho  was 
committed  :' 

A.  I  kn<;w  nothing  about  that ;  it  was  so  stated  at  the 
time. 

Q.  The  statement  was  made  that  the  party,  who  was 
befoi-e  Judge  James,  was  of  the  same  political  faith  of 
Judge  James  \ 

A.  ^'o,  sir;  personally,  I  do  not  know;  \)\  I'eputation, 
1  did  not  know  that  J.  S.  Urmy  was  a  repuljlican,  at  any 
rate.  I  may  say,  when  the  huhrni^  was  applied  foi",  it  was 
not  till  ihe  return  was  made  that  Judge  Hilton,  or  any 
body  had  any  idea  under  what  process  he  liail  l»een  com- 
mitted;  he  supposed  he  had  been  arrested  by  a  deputy 
sheriff,  without  [)rocess.  Some  time  prior  to  the  election, 
I  learned  that  ^Ii*.  Kennedy  had  made  what  was  called  a 
census  of  the  City;  I  learned  that  through  the  news- 
papers. 1  asked  the  P<jlicc  Commissioners  if  it  was  so, 
and  two  of  them,  at  least,  told  me  they  knew  nothing 
about  it.  I  asked  Mr.  Kennedy,  and  he  said  it  was  in 
process.  I  asked  what  use  was  to  be  made  of  those  books, 
and  could  get  no  information.  It  went  on,  and  I  asked 
if  those  books  could  be  used  subseipiently  for  the  pur- 
pose of  ]>reveatin'::;  or  detecting  frauds  in  the  i-egistrati(.>n. 
I   was   tohl   that  that  was  a  matter  that  could  not  then  l)e 


40 

answered.  Subsequently,  I  was  t(jl(l  tliat  the  original 
books  liad  been  directed  to  remain  in  the  Police  Head- 
quarters, and  not  to  _i;-o  out.  I  then  asked  if  I  was  at 
liberty  to  see  them.  I  was  told  that,  like  all  the  records 
of  the  City,  unless  tliere  was  some  particular  reason,  they 
were  open  to  my  inspection.  I  sat  d(jwn  in  the  office  and 
examined  some  of  them.  1  tlien  nitide  the  remark  that, 
being  public  records,  I  supposed  I  had  a  right  to  copy 
them.  I  immediately  took  means  to  have  copies  made  of 
them,  and  I  found  that,  as  to  some  of  them,  copies  had 
already  been  made. 

Q.  By  whom  were  the  cojties  nuide '. 

A.  They  were  made  by  clerks  whom  1  employed.  I 
employed  clerks,  and  paid  them  to  make  tlicni  in  the 
Police  Headquarters.  There  Averc  some  clerks  mIio  were 
there  whom  I  induced  to  stay  over  hours  and  make  them, 
but  I  also  got  clerks  from  outside. 

Q.  Those  books  that  had  been  copied,  you  did  not  liave 
any  additional  copies  made,  but  used  those  copies,  and 
these  were  loaned  to  you  i 

A.  Nobody  loaned  them  to  me;  I  asked  if  those  books 
were  puljlic  and  I  was  told  that  they  were  not — that  they 
were  private  property — that  the  pass  books  were  the  pul)- 
lic  books.  I  took  then  and  used  them,  such  as  you  have 
got  there.  Tiiose  checks  M'ere  all  made  at  headquarters ; 
that  is  my  impression,  I  would  not  l)e  certain. 

Q.  Do  you  know  the  sigiiilication  of  those  cliecks  I 

A.  I  dJ. 

Q.  What  does  the  cross  mean  i 

A.  A  plain  check  means  that  a  person  similar  to  that, 
or  a  name  precisely  like  it,  had  registered  ;  the  cross 
means  that  a  person  of  a  similar  name  had  registered,  and 
probably  it  was  the  same  person.  For  instance,  you  would 
find  John  Wagner,  who  had  registered,  and  James  Wagner 
would  appear  on  the  police  record. 

Q.  When  did  you  order  those  books  i 

A.  It  is  impossible  for  me  to  telL  I  shuuld  think  it 
was  the  same  dav  that  I  first  saw  a  book  of  tlic  same  kind. 


41 


I  think  the  .same  day  I  i\i-6t  ?-aw  one  uf  the  original  pass- 
l)0()ks,  and  also  one  of  those  books  similar  to  that  Mr. 
Hall  has  in  his  hand. 

Q.  AVas  it  before  the  registry  commenced  ? 

A.  O  yes,  sir ;  your  suggestion  enables  me  to  say  it  \vas 
probably  the  week  previous  to  the  first  registration ;  I 
should  think,  perhaps,  the  "Wednesday ;  I  know  I  hurried 
them  up  to  have  tlicm  ready  before  the  registry  com- 
menced. 

Q.  You  say  you  had  eighty  clerks  employed  i 

A.  Yes,  sir.  ' 

Q.  Did  you  }»ay  them  individually  out  of  your  own 
pocket,  or  did  you  pay  them  out  of  funds  furnished  by  a 
political  organization  ? 

A.  I  paid  them. 

Q,  Did  you  pay  them  as  an  indi\  idual  i 

A.  I  decline  to  answer  the  question  on  the  ground  that 
I  am  brought  here  on  a  subpcena  as  to  election  irregulari- 
ties ;  you  ]iave  no  right  to  go  into  this  matter. 

Q.  For  what  purpose  had  you  copies  taken  ? 

A.  For  the  purpose  of  taking  means  to  prevent  illegal 
voting. 

Q.  And  no  other  object  ? 
*  A.  No  other  object — illegal  registration  and  voting. 

Q.  Did  you  order  those  books  yourself  ? 

A.  1  did  sir. 

Q.  Yi-om  Mr.  Kogers  ? 

A.  From  Mr.  Rogers — the  books  which  I  had  seen,  he 
had  a  previous  order  for  these,  from  somebody. 

Q,  How  much  money  did  you  pay  out  ? 

A.  I  decline  to  answer. 

Q.  Which  was  the  most  numerous,  the  books  that  you 
had  copied  by  your  own  clerks  or  those  which  you  found 
already  copied  ? 

A.  I  should  think  decidedly  that  the  Ijooks  I  found  al- 
ready— about  half  and  half. 

Q.  Those  that  had  been  copied,  ^vhat  wards  did  they  rep- 
resent, do  you  remember  ? 


42 


^4.  I  do  not  think  they  represented  any  particuhir  ward, 
they  were  scattered  all  over  the  City,  as  I  recollect  it. 
Q.  Those  books  had  been  copied  in  sequence  ? 
A.  No,  sir  ;  I  got  copies  of  the   names  that  were  regis- 
tered and  took  those  to  the  Police  Ileadcpiarters  and  com- 
pared them  with  the  copies  that  had  been  made, 

Q.  The  copies  that  you  found  at  the  Police  IIead(piar- 
ters  that  had  already  been  made — did  you  take  those 
away  ? 

A.  AVith  reference  tuthat,!  decline  to  answer  the  ques- 
tion. I  decline  to  answer  on  the  ground  that  the  subpcena 
issued  does  not  authorize  you  to  go  into  that. 

Q.  "Were  you  furnished  with  a  fund  by  any  political  or- 
ganization in  the  City  of  Xew  York  I 
A.  I  decline  to  answer. 

Q.  "Were  you  furnislied    by  the  Police  Commissioners 
with  any  funds  ? 
A.  Xo,  sir. 

Q.  Did  you  order  the  Inspectors  and  Registers,  upon  the 
completion  of  their  registry  on    each  evening  the  registry 
was  completed,  to  bring  tliose  books  to  any  particular  rooni 
in  this  City  ? 
A.  No,  sir. 

Q.  Did  you  bring  the  Inspectors  before  you  and  give 
them  those  instrnctions '{ 

A.  No,  sir ;  I  had  no  right  to  give  them  instructions. 
The  Inspectors  came  to  Room  15  for  two  or  three  weeks 
preceding  the  election,  and  there  was  something  or  other 
in  the  nature  of  a  conversation  more  than  anything  else  as 
to  their  duties  as  Inspectors— very  much  snch  a  meeting 
as  I  heard  was  held  at  Tannnany  Hall  by  the  gentlemen  on 
the  other  side.  The  Inspectors  were  asked  to  bring  copies  of 
their  registers  of  the  two  first  days  and  of  the  two  last  days. 
Q.  You  do  not  know  whether  these  books  Avere  the 
original  copies  or  copies  of  the  original  ? 

^i.  I  have  no  knowledge ;  these  might  possibly  have 
been ;  I  Avill  not  say  that  these  were  not.  They  were 
asked  to  brino-  the  orio-inal  reo-istrvs  there. 


43 


Q.  You  are  positive  you  did  not  askthein  to  bring  them 
tlicre  ? 

A.  \es,  sir;  it  is  possible  iu  certain  cases  v.diere  pei*sons 
said  tliey  had  not  time  to  copy  them.     I  think  I  did. 

Q.  Some  of  the  rcgii^trys  came  there  ? 

A.  They  might  liave  come  there. 

(2-  You  advised  tliat  course  ? 

A.  I  asked  tliem  if  they  would. 

Q.  Do  you  know  the}"  did  ? 

A.  I  cannot  say  that  they  did,  and  I  won't  say  that  they 
did  not. 

Q.  Did  you  make  co[)ies  ? 

A.  I  had  copies  made  of  some  of  the  original  registry- 
books. 

Q.  Do  you  know  what  districts  or  what  wards  ? 

A.  No,  sir;  I  do  not. 

Q.  Mr.  Murphy  in  his  testimony  stated  that  resolutions 
were  passed  directing  the  registry-books  to  l)e  taken  to 
Room  1 5,  M'here  copies  were  to  be  made. 

A.  Mr.  ]\[ur[)hy  is  utterly  mistaken;  Mr.  ]\[uri)hy  knew 
nothing  al»out  it ;  he  came  in  there  occasionally  ;  I  will  say, 
further,  Mr.  Murpliy  does  not  know  to-day  the  difference 
Ijetween  that  book  and  the  register.  He  supposed  the  l)ook 
you  showed  him,  when  he  was  on  the  stand,  was  the  original 
register. 

Tni:<ii)i>i;i::  Allen,  sworn  and  examined,  testified: 

Q.  Your  place  of  residence  and  business,  I  believe,  is 
the  corner  of  Prince  and  Mercer  ? 

A.  Yes,  sir. 

Q.  Prior  to  the  last  election  were  you,  or  not,  furnished 
by  any  one  with  a  list  of  names  for  canvassers  in  the 
Eighth  Ward? 

A.  Yes,  sir  ;  part  of  a  list. 

Q.  Furnished  you  to  be  nominated  for  canvassei-s  \ 

A.  Wanted  me  to  see  if  I  could  get  those  men  ap- 
pointed as  canvassers. 

Q.  Who  was  it  handed  that  list  to  you  f 


44 


A.  1  think  Mr.  Jolmson  gave  a  few  names. 

Q.  He  was  a  candidate  for  Assembly  ? 

A.  Yes. 

Q.  Do  you  remember  liow  many  names  were  upon  it  ? 

A.  Iso,  sir  ;  I  could  not  tell. 

Q.  Ten? 

A.  Yes ;  I  tliink  tliere  was  a  full  list  made  out  of 
twenty,  for  the  Assembly  District. 

Q.  To  whom,  if  any  one,  did  you  band  that  list  1 

A.  I  will  tell  you.  There  was  a  list  made  out,  and  I 
left  it  at  the  rooms  of  the  Fifth  Avenue  Hotel ;  after- 
wards, the  list  was  revised,  and  re-revised  again. 

Q.  Did  3'ou  revise,  or  re-revise  the  list  ? 

A.  No,  sir  ;  Mr.  Jolmson  revised  the  list. 

Q.  Did  he  hand  it  to  you  again  ? 

A.  Yes,  sir. 

Q.  You  then  gave  it  to  tlic  Committee  ? 

A.  Yes,  sir. 

Q.  Were  any  of  the  gentlemen  whose  names  were  on 
that  list,  that  was  handed  to  you  by  Mr.  Johnson — and 
handed  by  you  to  the  Fiftli  Avenue  Committee — ap- 
pointed as  canvassers  ? 

A.  I  think  there  was. 

Q.  Were  not  nearly  all,  if  not  all,  appointed  canvassers, 
and  acted  as  canvassers  ? 

A.  No,  I  think  not;  part  of  them.  I  could  not  tell 
whether  there  was  a  majority ;  1  know  some  of  them  per- 
sonally were  appointed.  I  do  not  know  whether  they 
Were  appointed  from  my  list ;  they  may  have  been  on  the 
list  handed  in  by  the  republican  organization. 

Q.  You  handed  in  a  list  of  names,  some  of  which  were 
subsequently  appointed  and  acted  i 

A.  Yes,  sir. 


James  McGowan,  sworn  and  examined  : 

Q.  I  understand  you  were  one  of  the  Inspectors  at  the 
last  election  ? 
A.  Yes,  sir. 


45 


Q.  Which  district  vrere  you  in  ? 

A.  Eleventh  District  of  tlie  Sixth  Ward. 

Q.  Were  A'on  there  at  the  first  day's  registration  \ 

A.  Yes,  sir. 

Q.  And  tlie  second  day's  and  the  day  •>£  election  '. 

A.  Yes,  sir;  np  to  the  finish. 

Q.  From  the  time  that  yonr  duties  commenced  on  the 
first  day  of  registration,  doM'n  to  tlie  time  that  your  duties 
ceased  as  Inspector  at  sunset,  on  the  day  of  election,  how 
many  different  associates  did  you  have  as  registers? 

A.  (^n  the  opposite  side  they  sent  eight  different  men — • 
eight  different  Uepuhlicans  all  that  time.  The  first  day  I 
had  two,  and  four  on  the  second  day,  and  they  changed 
them  on  the  third  day  ;  that  made  eight  altogether  tliat  they 
had  changed.  There  were  four  changes  made — eight  dif- 
ferent men, 

Q.  Would  that  change  occur  during  the  ]irogress  of 
registration  I 

■  A.  Yes,  sir;  they  sent  three  in  the  first  place ;  in  the 
morning  another  acted  about  two  hours.  Two  remained 
on  Saturday  till  about  noon ;  they  sent  two  others,  and 
they  acted  up  to  the  finish  of  the  election. 

Q.  Are  you  personally  cognizant  of  any  registers  taking 
books  up  to  the  Fifth  Avenue  Hotel? 

A.  I  know  they  did  ;  I  heard  them  say  so.  There  was 
one  book  they  wanted  to  take  up  to  the  Fifth  Avenue 
Hotel ;  they  made  no  secret  of  it. 

Q.  Did  any  of  your  brother  registers  ask  for  original 
books  to  take  up  to  the  Fifth  Avenue  Hotel  ? 

A.  They  had  their  own,  and  they  did  not  ask  for  mine. 
I  heard  them  sav  one  woultl  take  his  book  up  to  the  Fifth 
Avenue. 

Q.  Was  his  name  Phalon  ? 

A.  Phalon  was  one  of  them  ;  he  had  instructions  to  take 
his  book  up  to  the  Fifth  Avenue  Hotel ;  I  heard  him  say 
so  to  his  colleague.  It  was  reported  in  the  papers  that  my 
district  was  overrun  in  the  register,  which  is  not  the  case. 
The  register  was  S7I  :in<l  T  voted  8(U ;  tliat  was  short  of 
the  reirister. 


46 


Q.  Did  the  register  that  acted  with  yon,  the  last  day^ 
sign  tlie  books  ? 

A.  lio,  sir;  one  of  tliem  told  me,  confidentially,  that  he 
had  instructions  not  to  sign  it. 

Q.  From  who  ? 

A.  I  do  not  know  wlio  from  ;  said  lie,  "  I  was  told  when 
I  came  here,  not  to  sign  this  hook  ;"  I  said,  "  Very  well, 
we  will  do  without  it." 

Q.  Who  was  that  ? 

A.  Phalon. 

Q.  Can  you  give  us  the  names  of  any  Inspector  tiiat  took 
a  register — -do  you  know,  aclnally  of  your  own  knowledge, 
that  any  one  did  take  one  up  ? 

A.  No,  sir  ;  I  heard  him  say  that  he  was  to  take  it  up 
there. 

Q.  Did  Phalon,  at  the  time  he  said  that,  take  a  l)Ook 
with  him  ? 

A.  Yes,  sir  ;  these  books  Avere  not  finished  ;  one  would 
put  it  on  the  other. 

Q.  Was  any  person  sent  thei*e  to  copy  tlie  register? 

A.  Yes,  sir. 

Q.  Were  they  competent  persons  ? 

A.  They  appeared  to  me  so.  They  had  several  names 
copied  on  paper  before  they  could  enter  them  on  the  book. 
They  would  be  changed,  and  the  consequence  was  the 
names  on  the  paper  would  be  neglected.  Our  two  books 
were  complete ;  they  have  a  copy  at  the  Headquarters, 
and  I  have  a  copy  myself  signed  by  the  two  I'egisters. 

Tlie  other  two  refused,  and  tliey  said  they  refused  on 
iustructions. 


(trand-Jl'rv  Room,  Tuksdav. 

George  AY  Hoffman,  sworn  and  examined,  testified  as 
follows  : 

(2-  Mr.  Hoffman,  you  are  a  driver  of  coaches  for  Mr. 
Ilausbery,  at  the  Fifth  Avenue  Hotel? 

A.  I  am. 


47 


Q.  Mr.  Il.iiisbery  is  tliu  party  wliu  lias  a  right  to  drive 
coaches  for  the  Fiftli  ^Vveniie  Hotel? 

A.  As  far  as  I  know. 

Q.  How  long  have  you  been  employed  there  ? 

^1.   About  five  months. 

Q.  You  drive  on  orders  from  the  desk? 

A.  I  do. 

Q.  That  has  been  VDur  (!ustum  ? 

A.  That  is  regulai-. 

Q.  Do  you  remember  the  general  electiiui  two  weeks 
ago  to-day  ? 

A.  It  was. 

Q.  Do  you  remember  the  Thursday  night  before? 

A.  I  do. 

Q.  You  did  me  a  favor  to  tell  me  an  incident  about 
driving  some  parties  to  the  Police  Headquarters,  <ko,.,  will 
you  have  the  goodness  to  detail  to  these  gentlemen,  who 
are  the  Grand  Jury,  particularly  and  minutely  the  inci- 
dent, beginning  with  the  time  of  tlie  evening,  etc.  i 

A.  Gentlemen,  about  the  hour  of  0.30,  as  near  as  I  can 
recollect,  it  may  be  a  little  more  ov  less,  I  was  ordered  by 
Mr.  Becker,  who  is  the  Superintendent  or  bookkeeper  of 
, coaches,  to  drive  to  the  Twenty-third  street  entrance  of 
the  Fifth  Avenue  Hotel ;  I  there  waited  about  fifteen 
minutes,  and  three  geutlemen  came  out  and  got  into  the 
coach,  and  ordered  me  to  drive  to  Xo.  300  Mul- 
beny  street.  I  went  to  Xo.  300  Mulberry  street,  and 
remained  about  fifteen  minutes.  The  same  pai-ty  in- 
quired of  one  of  his  friends,  who  are  you  waiting  for  i 
The  reply  was,  "  We  are  waiting  for  Mr.  Acton  and  Mr. 
Kennedy.''  Presently,  Mr.  Acton  and  Mr.  Kennedy  drove 
up  in  a  coach. 

Q.  Do  you  know  Mr.  Ivennedy  and  Mr.  Acton  by 
sight? 

A.  Yes,  sir. 

Q.  You  ha\e  seen  them  before  ? 

A.  Yes,  sir ;  I  recognized  two  geutlemen  as  Mr.  Ken- 
nedy and  Mr.  Acton.  I  said  to  the  i)arties  who  were 
with  me,  ''  Tliere  is  Mr.  Kennedy  and  Mr.  Acton,  gohig 


48 


ill !  "  They  went  iu  after  tlieni,  and  remained  about  five 
minutes  ;  they  came  out  and  ordered  me  to  drive  to  the 
rear  of  ]S^o.  300  Mulberry  street,  which  is  inMott  street ;  the 
number  I  don't  know.  Tliey  went  in  and  were  absent 
about  five  to  seven  minutes,  and  came  out  and  comnaenced 
putting  books  in  my  coach. 

Q.  AVhat  kind  of  books,  like  tliese  ?  (books  shown.) 

A.  Similar  to  those  shown.  I  picked  up  one  bo(jk  to 
look  at  it  and  one  of  the  gentlemen  snatched  it  out  of  my 
hand  and  said,  "  These  are  private  matters  ;  you  get  on 
the  box."  I  got  there  as  I  was  ordered.  He  says  to  one 
of  his  friends, ''  Don't  you  leave  this  coach.  Keep  your  eyes 
on  these  Ijooks."  After  the  books  were  put  in  the  coach, 
the  three  gentlemen  Avent  inside,  the  door  was  shut,  and  I 
was  ordered  co  drive  to  the  Fifth  Avenue  Hotel,  to  the 
Twenty-third  street  entrance,  as  fast  as  possible.  I  did  as 
I  was  directed,  and  saw  those  books,  ^vith  the  exception  of 
two,  taken  into  room  iSTo.  15,  Fifth  Avenue  Hotel,  used  l)y 
the  Central  Kepublicau  Committee. 

Q.  What  did  you  do  with  the  two  books? 

A.  The  two  books  that  were  retained — that  did  not 
go  in — were  given  to  George  Purser. 

Q.  Are  these  the  books  i  You  kept  these  in  the  coach, 
didn't  you  ? 

A.  Yes,  sir ;  these  are  the  books. 

Q.  Did  you  afterwards,  that  evening,  see  JNIr.  Kennedy 
or  Mr.  Acton  ? 

A.  Xo, sir ;  I  did  not, 

(2-  You  don't  know  of  your  own  knowledge,  what  be- 
came of  themao'ain  that  niii^lit? 

^4.  I  do  not  know,  but  I  can  sa}' — 

Q.  Do  you  know,  or  have  you  looked  to  see,  who  the  coach 
that  you  drove  has  been  charged  to  ? 

A  The  coach  was  charged  to  the  Kepublican  Central 
Committee. 

Q.  Did  you  look  to  see  that  fact  ? 

A.  I  did. 

Q.  Do  you  know  who  the  coach  was  charged  to  that  Mr. 
Kennedy  and  Mr.  Acton  rode  in  ? 


fa 


49 


^1.  To  the  same  source. 

Q.  The  three  gentlemen  that  drove  over — have  yon  ever 
seen  them,  since  or  before  ? 

A.  No,  sir. 

Q.  Did  you  hear  either  of  them  call  the  other  by  name  ? 

A.  No,  sir ;  I  did  not. 

Q.  Can  yo\i  describe  either  of  the  three  ?  Any  thing- 
remarkable  about  the  three  oj-  not  i 

A.  One  of  them  was  a  tall  man,  al)out  ti^e  feet  ten,  very 
thin  and  spare,  and  to  see  him  walk  along  the  street,  you 
would  think  he  was  practicing  to  be  a  minister,  wearing 
eyeglasses  The  other  one  like  a  rough,  about  five  feet 
seven,  dressed  very  shabbily. 

Q,  Did  you  hear  any  conversation  about  the  books? 

^4.  Nothing  more  than  these  were  very  important  mat- 
ters. 

Q.  What  did  they  say  about  it  i 

A.  In  speaking  to  me  he  says  :  "  These  books  are  not 
to  be  looked  at.  They  are  important  matters."  Says  he, 
"You  get  on  the  box;"  he  turned  to  his  friend  and  said, 
"  You  keep  your  eye  on  these  books." 

Q.  When  you  had  reuiinded  them  that  Mr.  Acton  and 
Mr.  Kennedy  had  come,  did  they  go  in  together  i 

A.  The  two  went  in. 

Q.  Did  you  see  Mr.  Kennedy  and  Mr.  Acton  speak  to 
them,  or  they  to  them  ? 

A.  I  did  not. 

Q.  How  near  together  did  they  come  in  ? 

A.  I  should  judge  they  were  about  tift\'  feet  apart,  fol- 
lowed right  in. 

Q.  You  did  not  drive  around  to  the  rear  entrance  until 
after ? 

A.  Until  after  Mr.  Kennedy  and  Mr.  Acton  had  come 
to  No.  300  Mulberry  street. 

Q.  Do  you  collect  the  fares  when  you  drive  i 

A.  No,  sir. 

Q.  Is  it  your  business  to  see  it  charged  ? 

A.  It  is  our  business  to  find  out  whether  the  parties 
give  us  the  right  direction.  Invariably  the  clerk  comes 
7 


50 


out  and  puts  the  gentleman  in  the  coach,  and  says,  "  It  is 
all  right."  When  they  tell  ua,  "  It  is  all  right,"  we  do  not 
take  further  interest  in  the  matter.  Sometimes  we  do  col- 
lect the  fare  and  turn  it  over  to  the  office. 

Q.  But  in  this  case  you  did  not  collect  ?    . 

A.  No,  sir ;  we  were  told, "  It  is  all  right."  I  said,  "Who  is 
the  coach  to  be  charged  to  'C  The  answer  Avas,  "  charge  it 
to  the  Republican  Committee."  The  transaction  so  exci- 
ted my  suspicion  that  I  can  make  myself  sure  on  every 
point.     I  went  and  saw  that  this  thing  was  charged. 

Q.  Do  }'ou  know  who  either  of  these  three    men  were '{ 

A.  I  do  not. 

Q.  How  did  you  get  possession  of  the  two  books  % 

A.  I  decline  answering.     I  stole  them. 

Q.  How  did  you  steal  them  ? 

A.  If  you  allow  me  to  tell  it  in  my  own  way.  The 
transaction  so  excited  my  suspicion  I  thought  there  was 
something  wrong  going  on  ;  they  ordered  me  on  the  box, 
and  in  snatching  the  books  so  rudely  out  of  my  hand, 
which  gave  me  still  more  suspicion.  I  made  up  my  mind 
to  come  in  possession  of  one  or  two  or  more,  if  it  was  pos- 
sible. I  took  them  from  the  outside  of  the  coach.  One 
book  M^as  shoved  under  the  mat ;  I  shoved  it  under  the 
mat ;  the  other  one  I  put  under  my  coat  when  they 
were  taking  the  books  in.  They  being  public  property,  I 
thought  it  no  harm  to  steal  it.  They  had  already  prosti- 
tuted the  trust  the  people  put  in  them,  and  I  took  them  to 
the  opposite  party.  I  am  a  citizen  and  a  taxpayer.  The 
taking  of  the  books  was  after  we  arrived  at  the  Fifth  Ave- 
nue Hotel. 

Fkancis  p.  Fallon,  sworn  and  examined,  testified  as 
follows : 

Q.  Where  do  you  reside  ? 
A.  No.  46  Elm  street. 

.   Q   Were  you  one  of  the  Registers  or  Inspectors  of  elec- 
tion? 

A.  I  was,  sir. 

Q.  Were  you  both  a  Register  and  an  Inspector  of  elec- 
tion? 


51 


A.  I  was. 

Q.  What  district  ? 

A.  The  Eleventh  District. 

Q.  Of  what  Ward  ( 

A.  The  Sixth  Ward. 

Q.  What  days  did  von  serve? 

A.  On  the  31st — the  last  day. 

Q.  Saturday  ? 

A.  Yes,  sir. 

Q.  And  on  election  day  ? 

A.  On  election  day. 

Q.  You.  did  not  serve  the  Friday  hefore  ? 

A.  No,  sir. 

Q.  Yon  did  not  serve  the  two  days  of  the  prior  week  ? 

A.  No,  sir. 

Q.  The  books  of  re<>;istrv  ^vhich  you  had  custody  of  at 
the  close  of  Saturday  night.  What  did  you  do  with  those 
books  ? 

A.  1  took  one  of  the  books  up  to  the  Fifth  Avenue 
Hotel  when  the  registry  was(4osed,  on  Saturday  night,  and 
there  had  an  interview  witli  ]\[r.  White;  he  did  not  know 
anything  about  them.  Jt  ap])ears  he  did  not  understand 
about  the  books,  so  I  took  the  book  down  to  Mr.  Leask  to 
ask  advice.  The  reason  of  this  was,  T  did  not  send  the 
book  up — we  did  not  sign  the  books — the  books  did  not 
compare.  I  asked  Leask  his  advice,  and  he  told  me  if  I 
had  a  safe  place  to  keep  tlie  Ijook  till  Monday,  and  after 
that  leave  it  at  headqnartei's. 

Q.  Why  did  you  take  the  book  to  the  Fifth  Avenue 
Hotel  at  all  hi  the  first  place? 

A    1  was  ordered  to  take  it  up  there. 

Q.  Who  by  ? 

A.  By  Mr.  Leask. 

Q.  Did  you  not  see  Mr.  Leask  up  at  the  rooms  ? 

A.  Xo,  sir  ;  I  saw  him  afterwards  at  his  place  of  busi- 
ness. 

Q.  Did  you  see  other  Registers  up  there  with  their 
books  when  you  went  up  with  your  book  ? 

A.  I  could  not  say;  I  saw  a  large  crowd  of  men  ;  they 


52 

all  seemed  to  be  busy,  writing.  I  did  not  see  any  books 
that  looked  like  registry  books,  not  like  mine. 

Q.  Was  tlie  original  which  you  kept,  the  book  you  took 
up  there,  your  ofhcial  book  ? 

A.  Yes,  sir.  It  was  to  go  to  headquarters,  but  it  was 
not  signed. 

Q.  Did  anybody  else  tell  you  to  take  that  book  up  to 
the  Fifth  avenue  headquarters  but  Mr.  Leask  ? 

A.  No,  sir. 

Q.  Was  he  a  member  of  this  Committee  % 

A.  I  do  not  know,  sir. 

Q.  Who  is  Mr.  Leask  ? 

A.  He  is  a  hatter,  and  kee])s  a  place  corner  of  Chatham 
and  Pearl  streets. 

Q.  Wliy  did  you  take  an  order  from  Mr.  Leask  ? 

A.  Because  it  was  the  first  time  I  was  Register ;  I  was 
ignorant  of  the  duties.  I  was  only  appointed  about  ten 
hours  before  tlie  registry  was  closed.  I  thought  that  was 
the  proper  place  to  take  them  up  to.  I  was  perfectly 
ignorant  of  where  the  books  should  he  sent  to. 

Q.  What  instructions  did  yon  receive  at  the  Police 
Headquarters  when  you  were  sworn  in  as  Register? 

A.  To  do  my  duty. 

Q.  Any  other  instructions  besides  doing  your  duty  ;  did 
they  tell  you  to  bring  that  book  there  when  you  got 
through  with  the  I'egistry  ? 

A.  I  did  not  hear  that. 

Q.  Did  not  they  give  you  a  printed  paper  of  instructions  ? 

A.  Yes,  sir. 

Q.  Did  you  read  them  ? 

A.  When  we  got  down  to  the  place  of  registry  there 
was  such  confusion  I  did  not  have  time  to  read  anything ; 
there  were  three  hundred  names  on  slips  of  paper ; 
they  were  upside  down.  I  liad  to  do  all  this  before  nine 
o'clock. 

Q.  Did  you  get  your  appointment  through  Mr.  Leask  ? 

A.  Yes,  sir. 

Q.  Mr.  Leask  is  President  of  a  political  club  in  the 
Fourth  Ward  ? 


53 


A.  Not  as  I  know  of. 

Q.  Did  Mr.  Leask  serve  as  a  Register  with  you  ? 

A.  Xo,  sir. 

Q.  Were  you  instructed  not  to  sign  the  register,  by  any 
person  ? 

A.  I  was  instructed  not  to  sign  these  registry  books,  if 
they  did  not  compare. 

Q.  "Who  instructed  you  1 

A.  Mr.  Leask. 

Q.  Did  you  read  your  paper,  tliat  tliey  gave  you  at 
headrpiarters  ? 

A.  No,  sir ;  not  till  after  everything  was  all  done ;  I 
did  not  have  the  time. 

Q.  When  yon  say  you  did  not  know  wliat  to  do,  why 
did  not  you  read  your  paper  before  going  to  Mr.  Leask  ? 

A.  I  did  not  see  the  paper  before  going  to  Mr.  Leask ; 
there  was  two  sets  of  registers  there  before  me. 

Q.  When  you  were  sworn  in  at  the  Police  Headquar- 
ters, you  got  a  paper  of  instruction.  .Vfter  you  com- 
pleted your  book,  as  I  understood  you,  you  did  not  know 
what  to  do  with  it,  and  M'cnt  to  ask  Leask.  My  question 
is,  w^hy  didn't  you  read  your  paper  of  instruction,  instead 
of  going  to  ask  a  private  individual  ? 

A.  He  told  me  to  take  the  book  to  the  Fifth  Avenue 
Hotel,  befoi'e  I  commenced  to  register. 

Q.  Wlio  informed  yon  tliat  you  were  appointed? 

A.  Mr.  Leask  came  after  me,  and  asked  rae  if  I  wtudd 
accept  the  ])osition ;  he  talked  of  the  frauds  committed 
there.     I  told  him  that  I  would. 

Q.  What  was  it  you  declined  to  sign  ?  the  register  or 
the  election  return  ? 

A.  The  register  return,  and  the  election  return^both. 

Q.  You  say  they  did  not  compare ;  where  was  the  dif- 
ficulty? 

A.  There  was  a  difficulty  of  thirty-six  to  forty  names — 
some  eiffht  hundred  names  on  their  book,  and  there  was 
eight  hundred  and  forty-one  on  ours. 

Q.  Who  is  ours? 

A.  The  Republicans. 


54 

Q.  Therefore  you  did  not  agree,  and  yon  declined  to 


igx      - 


sign 

A.  Yes,  sir ;  the  Democratic  Inspector  and  I  differed 
in  five  names  while  I  was  sitting  there.  The  other  names 
that  were  deficient  I  did  not  know  am^thing  about  them  ; 
there  were  two  sets  of  registers  liefore  me, 

Q.  When  did  yon  first  discover  the  difference  between 
yonrself  and  the  Democratic  Inspector  ? 

A.  In  the  evening  I  discovered  it,  in  the  first  place,  and 
declined  taking  the  five  names  that  the  Democratic  Inspec- 
tor did. 

Q   Why  did  yon  decline? 

A.  Because  they  would  not  take  the  required  oath. 

Q.  Was  thei-e  any  oatli  put  to  those  five  ? 

A.  No,  sir ;  they  declined. 

Q.  In  regard  to  the  election  returns ;  what  difference 
was  there  between  the  returns,  after  the  votes  were  can- 
vassed ? 

A.  I  did  not  say  that  I  declined  to  sign  the  register  at 
the  close  of  the  evening. 

Q.  Did  not  the  discrepancy  occur  in  this  way — that 
the  two  registers  left  the  poll  and  went  away,  and  during 
tlie  time  they  were  going  to  the  Police  Headquarters  and 
coming  back,  these  names  were  placed  on  by  the  other 
two  that  remained  there  ? 

A.  No,  sir;  nobody  had  left,  except  one  going  to  dinuer, 

Q.  Did  not  two  of  them  leave  at  one  time  ? 

A.  I  do  not  know  anything  about  that. 

Q.  Could  not  a  discrepancy  occur  in  that  way  ? 

A.  Yes,  sir.  I  only  registered  about  sixty  names  from 
the  time  I  was  appointed  Register  until  I  returned  back. 
There  was  some  eight  hundred  names  registered  before  I 
was  appointed. 

Q.  Then,  if  you  had  not  read  your  instructions,  how 
came  you  to  insist  upon  putting  the  oath  when  your  fellow 
Inspectors  were  satisfied  as  to  the  legal  right  of  those  per- 
sons to  register  ? 

A.  There  was  another  Register  there.  I  did  not  do  all 
this  myself.     I  had  an  assistant. 


55 


Q.  Yoii  said  you  put  tlic  i'e(|uired  oatli  ? 

A.  I  (lid  not  mean  I,  jjersonally.  I  meant  my  Repub- 
lican c'olleag'ue. 

(2-  Wliat  was  the  name  of  the  other  Register  wlio  was 
at  M'ork — tlie  otlier  Re})uhHcan  ^ 

A.  His  name  is  George  Seaback  ;  tlie  other  man's  name 
I  do  not  knoAv. 

Q.  You  were  there  on  Saturday,  the  31st  of  Octdber  ? 

A.  Yes,  sir;  but  not  all  day. 

Q.  Was  Mr.  McGoM^an  there  ? 

A.  I  believe  he  was. 

Q.  How  came  you  to  put  the  oath  to  these  gentlemen  'i 

A.  I  did  not  put  the  oath. 

Q.  AYho  did  ? 

A.  My  colleague. 

Q.  What  was  the  reason  ? 

A.  Some  of  them  had  not  papers,  and  they  would  not 
swear  they  were  citizens. 

Q.  Did  yon  swear  every  one  that  came  there? 

A.  No,  sir. 

Q.  What  was  the  reason  you  wanted  to  swear  them  ? 

A.  Because  I  thought  they  were  illegal  voters. 

Q.  Do  you  say  that  when  these  live  men  refused  to  take 
the  oath  that  the  other  inspectors  still  required  them  to  be 
registered  ? 

A.  Yes,  sir. 

Q.  The  other  inspectors  were  satisfied  they  were  voters  I 

A.  Yes,  sir. 


THE   CASE   OF  CORNWELL. 

Grand  Jury  Room,  Thui-sday. 

MicnAp:L  KuHN,  sworn  and  examined,  testified  as  fol- 
lows : 

Q.  Do  you  know  the  first  name  of  the  Inspector  t 

A.  I  do  not. 

Q.  Were  you  an  Inspector  there  ? 

A.  No,  sir. 


56 


Q.  State  to  the  jury  wliat  you  witnessed.  Where  was 
this  'i 

A.  No.  446  Eighth  avenue. 

Q.  What  election  district  ? 

A.  Twentieth. 

Q.  What  ward? 

A.  Twentieth. 

Q.  Detail  the  circumstances. 

A.  All  I  saw,  I  saw  Cornwell  take  a  ticket  out  of  the 
box — Mr.  Cornwell,  the  Inspector  of  election. 

Q.  Just  be  particular,  and  state  when  it  was,  where  you 
were,  and  what  you  witnessed,  were  you  inside  the  poll, 
or  where  were  you  ? 

A.  Yes,  sir;  I  was  inside  the  poll,  looking  over  the 
parties  in  the  afternoon. 

Q.  In  the  afternoon  of  election  day  1 

A.  Yes,  sir. 

Q.  You  saw  Cornwell  thei'e  actij";g  as  an  Inspector? 

A.  Yes,  sir. 

Q.  You  saw  Cornwell  do  what  ? 

^4.  Take  a  ticket  out  of  the  ballot-box  and  put  it  down 
below  his  waist ;  he  had.  a  big  overcoat. 

Q.  Did  he  substitute  any  other  ticket  ? 

A.  I  could  not  swear  to  that. 

Q.  Did  you  see  him  do  that  more  than  once  ? 

A.  I  saw  him  do  it  once,  and  then  I  paid  my  attention 
to  the  floor  ;  while  doing  that,  I  saw  three  tickets  lying  on 
the  floor.  1  went  around  to  pick  them  up,  and  handed 
them  to  Mr.  Whitley,  a  lawyer ;  he  was  there  at  the  time, 
and  to  the  officer.     Then  we  took  him  to  the  station-house. 

Q.  What  were  the  tickets  ? 

^4,  Mr.  AVhitley  and  I  went  up  and.  made  the  charge. 

Q.  Is  he  inside  ? 

A.  No,  sir ;  he  is  not  subpoenaed. 

Q.  Is  there  any  other  witness  here  ? 

A.  George  Hendricks. 

Q.  George  Hendricks  was  a  barber,  and  he  saw  him 
do  it  ? 

A.  Yes,  sir.     When  the  tickets  were  lying  down  he 


;)( 


took  it  off  the  l>all<>t-i)(i\  ;  when  it  was  o-iveii  to  vote  he 
took  it  off;  stood  uj)  and  })iit  it  l>eh)W  liis  vest;  he  had  a 
bii^  coat  on.  I  saw  him  afcer  tliat.  I  })ut  my  attention  to 
the  floor.  I  saw  three  tickets  lying  there.  I  came  ont  in 
front  and  picked  np  tliose  tickets;  handed  thein  to  Mr. 
Whitley  and  the  officer. 

Q.  Did  the  voter  say  anything  at  the  time? 

A.  No,  sir;  J  think  he  was  gone  at  the  time. 

Q.  Which  box  did  he  take  it  from? 

A.  State  and  Supervisor.  I  think  it  Avas  a  State  ticket, 
bnt  I  am  not  certain.  Mr.  Whitley,  the  lawyer,  can  tell 
you  more  about  it.     I  did  not  open  them. 

Q.  Did  you  see  either  one  of  them  dropped  from  the 
box  on  the  floor  '. 

A.  I  did  not. 

Q.  Did  you  I'cad  anything  on  the  ticket,  to  see  what 
was  on  it  ( 

A.  No,  sir;  I  did  not  read  anything. 

Q.  Did  you  see  it  put  on  the  box  as  the  party  passed 
there  ? 

A.  I  could  not  say  that. 

'  Geokge  Hendricks,  sworn  and  examined,  testified  : 

Q.  What  is  your  l)usiness  ? 

A.  Keep  a  barbershop  and  segar  store. 

Q.  AVhere? 

A.  Kumber  444:  Eighth  avenue. 

Q.   What  election  district  do  you  vote  in  ? 

A.  The  Twentieth  of  the  Twentieth  Ward. 

Q.  What  number  is  that  ? 

A.  444  Eio-litli  avenue.  It  is  held  in  a  se2:ar  store  in 
front  of  my  bar1)ershop.     The  barl)ersliop  is  in  the  rear. 

Q.  The  polling  place  is  held  in  the  segar  store? 

A.  Yes,  sir. 

Q.  What  do  you  know  about  this? 

A.  I  was  told  that  there  was  goings  on  wrong  in  my 
place  by  some  men  there  polling  the  election.  I  went 
into  the  barbersliop,  Ijack.     I  saw  one  of  the  Inspectors. 

8 


58 


Q.  Corn  well? 

^4.  So  I  suppose. 

Q.  You  found  it  afterwards,  his  name  was  Cornwell  ? 

^4.  Yes,  sir;  he  was  standing  in  front  of  the  box,  taking 
the  tickets,  holding  the  tickets  pretty  nearly  equal  with 
the  counter,  below  the  ballot  box,  by  holding  his  hand 
down  ;  his  coat  sleeve  was  so  long  that  I  could  not  see 
what  was  done  with  the  ticket ;  I  saw  him  then  place  the 
ticket  in  the  box  afterwards  ;  I  could  not  say  that  was  the 
same  or  another. 

Q.  Did  you  see  any  tickets  on  the  floor  ? 

A.  I  saw  a  whole  lot  of  tickets  on  the  floor,  right  down 
where  he  stood. 

Q.  How  many  ? 

A.  I  could  not  say  who  picked  them  up  because  there 
was  confusion. 

Q.  Were  those,  all  around  the  floor,  around  where  he 
stood  ? 

A.  Right  around  there. 

Q.  A  large  number. 

A.  I  think  about  twenty-five  at  the  moment ;  I  saw 
there  was  twenty-five,  and  they  were  not  there  before. 

Q.  Who  picked  those  tickets  up  ? 

A.  I  could  not  tell ;  there  were  two  other  inspectors. 

Q.  Did  your  wife  see  this  ? 

A.  Yes,  sir. 

Q.  She  is  not  here  to-day  ? 

A.  No,  my  child  is  very  sick  with  the  scarlet  fever  ;  the 
doctor  said  she  could  not  leave  the  bed. 

Q.  "When  did  3'ou  first  name  this  fact  to  any  body,  that 
you  saw  these  tickets  lying  on  the  floor  '. 
:    A.  I  did  not  tell  it  to  any  body. 

Q.  Who  is  the  first  man  you  told  that  occurence  to,  that 
you  have  narrated  hei'e  ? 

A.  Mr.  Khun  said,  ''  Did  you  see  all  those  tickets  on 
the  floor  ? " 

Q.  When  did  he  ask  you  ? 

A.  About  an  hour  after  he  was  arrested 

Q.  When  were  you  ar'-ested  ? 


59 

A.  That  day  in  the  afternoon. 
Q.  While  he  was  at  tlie  Police  '( 
A.  Yes,  sir. 


Friday.  Xovenil)er  20,  1868. 

James  II.  Wjiitledoe,  sw»:>rn  and  examined,  testified  : 
Q.  Detail  to  the  jury  what  you  know  al)Out  this  ease  ? 
^1.  .Vll  that  I  know  about  the  matter  is,  on  the  day  of 
the  last  election,  in  passing  from  my  house,  on  my  way  to 
my  office,  there  was  a  large  number  of  people  congregated 
around  the  Twentieth  district  poll.  There  was  some  talk 
about  one  of  the  Inspectors  being  drunk,  and  I  sug- 
gested that  if  that  was  the  case  he  ought  to  be  removed 
at  once,  and  I  went  in  and  I  saw  this  Cornell,  or  whatever 
his  name  is,  in  front  of  the  two  boxes  east  of  the  others, 
that  is,  towards  the  end  of  the  stove,  I  think  it  was  a  City 
and  County  and  State.  I  Avatched  liim  for  some  consider- 
able time.  I  saw  people  leaning  over  the  petition  from  the 
other  side,  and  I  asked  one  of  the  parties  who  was  com- 
plaining outside  that  liad  g<»ne  in  at  the  time  I  did,  who 
this  man  was,  and  it  was  Cornell.  I  kept  my  eye  on  him 
for  a  little  M'hile,  and  I  saw  him  take  tlie  ballots  that  were 
given  to  him  from  the  top  of  the  box.  The  box  is  a  great 
deal  higher  than  my  hat  ;  he  held  his  hands  close  to  his 
bosom,  thus  [showing]  he  would  take  the  ticket,  look  round 
and  say  how  he  vc>ted,  and  lowered  the  ticket  below  the 
box  and  bring  it  up  again  as  I  supposed,  and  lay  it  down 
when  he  cried,  he  votes  all,  or  votes  so  many  and  put  it 
in.  I  noticed  on  one  occasion  that  at  the  time  he  put  his 
hand  down  there  was  a  ticket  fell,  and  I  do  not  know  how 
to  account  for  that,  but  it  raised  my  suspicions  a  little 
more,  he  put  a  ticket  in  and  he  did  not  pick  that  from  the 
floor.  Mr.  Xuhn  who  was  looking  over  the  partition, 
winked  at  me,  and  I  responded  with  a  wink  myself. 
Mr.  Kuhn,  said  that  he  dropped  some  tickets  there — that  he 
was  stuffing.  I  saw  that  ticket  fall,  and  I  picked  it  up 
myself.     I  believe  it  was  a  ticket  for  the  State.     I  picked 


60 


that  ticket  np,  and  kept  possession  of  it,  and  delivered  it 
to  the  Police  Sergeant  when  I  went  into  the  Police  Sta- 
tion in  company  with  the  officer. 

Q.  How  many  tickets  do  you  tliink  you  saw  on  the 
floor,  where  you  were  standing ''. 

A..  There  were  three  tickets.  After  I  had  seen  the  one 
fall,  I  went  a  little  further  to^'ards  where  the  temporary 
partition  had  been  put,  and  I  saw  two  others.  Mr.  Kuhn 
came  around  and  picked  up  tJiose  two ;  I  gave  him  the 
one  I  had,  that  made  three.  They  were  all  of  the  same 
kind — State  tickets. 

Q.  Were  you  there  when  this  man  was  arrested  'i 

A.  I  was. 

Q.  On  going  to  tlie  Stationhouse,  did  he  throw  away 
any  tickets  'I 

A.  No,  sir ;  but  at  the  time  the  policeman  told  him  to 
go  over,  he  shook  his  sleeve,  and  a  number  fell  out. 

Q.  Was  he  very  drunk  ? 

A.  He  was ;  he  was  intoxicated. 

Q.  That  was  very  percejatible  % 

ufl.  Oh,  yes ;  he  acted  in  a  very  strange  manner.  I 
thought  at  first  the  man  was  non  Gomj)OS  mentis. 

Q.  What  political  ticket  was  it  ? 

A.  H  you  desire  me  to  give  an  opinion — I  do  not  sup- 
pose it  is  necessary  for  me  to  give  it. 

Q.  You  were  not  an  Inspector  ? 

A.  No,  sir ;  I  was  not  au  Inspector. 


'/I/; 


7 


THE  LIBRARY 
UNIVERSITY  OF  CALIFORNIA 

Santa  Barbara 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW. 


Vi  LCr^ 


Series  9482 


Uni\ 
S 


